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The   Government   of  New  York 


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HANDBOOKS   OF  AMERICAN   GOVERNMENT 


The 


Government  of  New  York 


Its  History  and  Administration 


BY 


WILLIAM    C.    MOREY,    Ph.D. 

PROFESSOR  OF  HISTORY  AND  POLITICAL  SCIENCE  IN  THE 
UNIVERSITY  OF  ROCHESTER 


THE   MACMILLAN    COMPANY 

LONDON:   MACMILLAN  &  CO.,  Ltd. 
1902 

All  rights  reserved 


Copyright,  1902, 
By  the  MACMILLAN  COMPANY. 


Set  up  and  electrotyped  November,  1902. 


NorfaoDt)  iPress 

J.  S.  Gushing  &  Co.  —  Berwick  &  Smith 
Norwood  Mass.  U.S.A. 


PREFACE 

The  interest  shown  in  recent  years  in  the  study  of  civil 
government  indicates  a  growing  appreciation  of  that  kind 
of  knowledge  which  is  essential  to  citizenship.  It  is  also 
a  healthy  feature  of  our  present  educational  system  that 
the  study  of  political  science  is  becoming  more  and  more 
practical,  —  that  it  is  directed  to  those  subjects  which  are 
connected  with  the  political  life  of  the  citizen  himself,  and 
not  to  the  mere  discussion  of  theoretical  questions.  It  is 
evident  that  this  kind  of  practical  knowledge  can  be  ob- 
tained only  by  the  study  of  our  Federal  and  State  gov- 
ernments —  in  their  history,  organization,  and  methods  of 
administration.  The  political  interests  and  activity  of 
every  American  citizen  are  most  closely  related  to  the 
government  of  his  own  State  and  of  the  locality  in  which 
he  lives ;  and  hence  it  seems  proper  that  his  political  edu- 
cation should  begin  with  these  primary  elements  of  our 
federal  system. 

With  such  an  educational  purpose  in  view  this  volume 
has  been  prepared.  It  attempts  to  give  a  brief  and  com- 
prehensive survey  of  the  government  of  the  State  of  New 
York,  —  in  respect  to  its  historical  growth,  its  structural 
features,  and  the  administrative  work  which  it  performs 
for  the  benefit  of  the  people. 

The  growth  of  the  government  is  traced  from  its  earliest 
form  to  the  present  time,  through  the  Dutch,  the  English, 

V 

248541 


vi  Preface 

and  the  constitutional  period.  This  historical  survey  is 
restricted  to  the  development  of  the  political  institutions, 
and  is  intended  to  point  out  the  most  important  steps  in. 
the  growth  of  popular  government  in  the  State. 

The  structure  of  the  government  includes  a  general  dis- 
cussion of  the  State  constitution  as  the  fundamental  law, 
defining  the  constitutional  rights  of  the  people  and  the 
frame  of  the  government ;  citizenship  and  suffrage,  con- 
sidered with  reference  to  the  part  taken  by  the  people  in 
the  exercise  of  political  authority;  the  central  government 
and  its  various  branches ;  and  the  local  governments  in 
their  organization  and  functions. 

The  wo7'k  of  the  government  is  especially  emphasized 
to  show  the  purpose  for  which  the  government  exists,  and 
the  benefits  which  it  is  intended  to  confer  upon  the  people. 
The  undue  attention  often  given  to  mere  political  forms  is 
likely  to  create  in  the  pupil's  mind  the  idea  that  the  gov- 
ernment is  an  end  in  itself,  and  not  simply  a  means  to  a 
higher  end.  Special  attention  is  therefore  directed  to  the 
work  which  the  government  actually  performs,  —  in  the 
administration  of  justice  by  defining  and  protecting  indi- 
vidual rights  ;  in  the  protection  of  the  community  through 
the  exercise  of  the  police  power ;  in  the  support  given  to 
public  education ;  in  the  supervision  of  public  charities 
and  corrections  ;  in  the  control  of  economic  interests  ;  and 
in  the  management  of  the  public  finances. 

Each  chapter  is  prefaced  by  a  list  of  references,  point- 
ing out  some  of  the  more  important  works  and  illustrative 
materials  which  bear  upon  the  subject  of  the  chapter.  In 
using  this  volume  as  a  text-book  the  student  should  have 


Preface  vii 

access  to  some  of  these  works,  such  as  Brodhead's  History 
of  New  York,  O'Callaghan's  History  of  New  Netherlands 
and  the  Manual  for  the  Use  of  the  Legislatia-e  of  the  State 
of  New  York,  usually  called  the  "  Legislative  Manual."  It 
is  important  that  the  school  library  contain  some  edition 
of  the  general  laws  and  statutes  of  the  State.  The  only 
official  publication  of  these  laws  consists  of  the  Revised- 
Statutes  of  1 82 7-1 828  (which  have  been  practically  super- 
seded by  later  legislation),  and  the  Sessio?i  Laws  published 
each  year.  The  compilation  of  the  "  General  Laws  "  of 
the  State,  made  by  the  Statutory  Revision  Commission, 
are  scattered  through  the  Session  Lazvs ;  but  these  are 
not  readily  accessible  to  the  ordinary  student.  There 
are,  however,  several  valuable  unofficial  collections  of 
the  general  laws  and  statutes,  any  one  of  which  would 
serve  the  purpose  of  the  student.  The  most  important  of 
these  compilations  are :  Heydecker's  General  Laws  a?id 
Revised  Statutes  of  the  State  of  New  York,  revised  edition, 
5  vols.,  1901  ;  Cummings  and  Gilbert's  General  Laws  afid 
Other  General  Statutes  of  the  State  of  New  York,  3  vols., 
1901  ;  Birdseye's  Revised  Statutes,  Codes,  and  General 
Laws  of  the  State  of  New  York,  third  edition,  3  vols.,  1901. 
The  recent  reports  of  the  most  important  administrative 
departments  should  be  consulted,  if  special  attention  is 
given  to  the  administrative  work  of  the  State. 

The  limited  scope  of  this  volume  prevents  the  introduc- 
tion of  a  great  amount  of  illustrative  material ;  but  the 
few  tables,  synopses,  and  excerpts  from  historical  docu- 
ments, collected  in  the  Appendices,  may  prove  beneficial 
to  those  who  have  not  access  to  more  complete  sources 


viii  Preface 

of  information.  The  teacher  can  do  much  to  make  the 
study  of  civil  government  real  and  interesting  by  calling 
attention  to  current  political  questions.  This  should  be 
done,  of  course,  not  in  a  partisan  spirit,  but  to  show  how 
such  questions  are  related  to  the  general  interests  of  the 
community,  and  to  develop  in  the  mind  of  the  pupil  some 
concern  for  the  common  good. 

This  volume  is  intended  to  be,  not  simply  a  text-book 
for  pupils  in  school,  but  a  guide-book  for  all  who  wish  a 
comprehensive  survey  of  our  State  institutions  and  sug- 
gestions for  a  more  thorough  study  of  the  subject.  The 
author  wishes  to  express  his  appreciation  of  the  interest 
shown  by  the  publishers  of  this  series  in  the  cause  of 
political  education ;  and  also  of  the  suggestions  given  by 
the  general  editor  in  the  preparation  of  this  volume. 

W.  C.  M. 
University  of  Rochester, 
Rochester,  N.Y. 


CONTENTS 

PART   FIRST 

THE    GROWTH  OF  THE    GOVERNMENT 

CHAPTER   I 

The  Dutch  and  New  Netherland 

PAGE 

§  I.  References.  §  2.  Political  Growth  of  New  York.  §  3.  Es- 
tablishment of  the  Dutch  Colony.  §  4.  The  Patroonships, 
or  Feudal  Manors.  §  5.  Growth  of  Town  Governments. 
§  6.  Struggle  for  Political  Rights.  §  7.  Review  of  the  Dutch 
Colonial  Government      ........ 

CHAPTER   n 

New  York  as  an  English  Province 

§  8.  References.  §  9.  The  Proprietary  Government.  §  10.  The 
"Duke's  Laws."  §  11.  The  Assembly  of  1683.  §  12.  New 
York  as  a  Royal  Province.  §  13.  Review  of  the  Provincial 
Government 21 

CHAPTER  III 

New  York  as  an  American  State 

§  14.  References.  §  15.  The  First  vState  Constitution,  1777. 
§  16.  The  Constitution  of  1821.  §  17.  The  Constitution  of 
1846.     §  18.  The  Constitution  of  1894.     §  19.  Review  of  the 

Constitutional  History 38 

ix 


Contents 


PART    SECOND 
THE  STRUCTURE    OF  THE    GOVERNMENT 

CHAPTER  IV 

Character  of  the  State  Constitution 

PACK 

§  20.  References.  §  21.  The  Federal  and  State  Constitutions. 
§  22.  Making  of  Constitutional  Law.  §  23.  Constitutional 
Rights  of  the  People.  §  24.  Structural  Features  of  the 
Constitution '5^ 

CHAPTER  V 

Citizenship  and  the  Suffrage 

§  25.  References.  §  26.  The  Government  and  Citizenship. 
§  27.  The  Elective  Franchise.  §  28.  Nomination  of  Officers. 
§  29.  Machinery  and  Conduct  of  Elections.  §  30.  Protection 
of  the  Ballot 69 

CHAPTER  VI 

The  Central  Government  of  the  State 

§  31.  References.  §  32.  The  Legislative  Branch.  §  :^2>'  Pro- 
cesses of  Legislation.  §  34.  Restrictions  upon  the  Legisla- 
ture. §  35.  The  Executive  Branch.  §  36.  The  Judicial 
Branch 81 

CHAPTER  Vn 

The  Local  Governments  of  the  State 

§  37.  References.  §  38.  The  County  Government.  §  39.  The 
Town  Government.  §  40.  The  Village  Government.  §41.  The 
City  Government.  §  42.  The  Government  of  Greater  New 
York 97 


Contents  xi 


PART   THIRD 

THE   WORK  OF   THE    GOVERNMENT 

CHAPTER  VIII 
The  Administration  of  Justice 

PAGE 

§  43.  References.  §  44.  The  Functions  of  Government.  §  45.  The 
Protection  of  Rights.  §  46.  Rights  relating  to  Persons. 
§  47.  Rights  relating  to  Property.  §  48.  Rights  relating  to 
Contracts.  §  49.  Private  Wrongs  and  Civil  Procedure. 
§  50.  Public  "Wrongs  and  Criminal  Procedure  .         .         .122 

CHAPTER   IX 

The  Protection  of  the  Community 

§51.    References.       §  52.    The    Police    Power    of    the    .State. 
§  53.   Protection  of  the  Public  Peace.      §  54.    Protection  of 
Life  and  Property.      §  55.    Protection  of  the  Public  Health. 
§  56.  Protection  of  Public  Morals.     §  57.  Military  Protection     141 

CHAPTER  X 

The  Support  of  Public  Education 

§  58.  References.  §  59.  Growth  of  the  Educational  System. 
§  60.  Higher  Education  of  the  State.  §  61.  Common  Schools 
of  the  State.  §  62.  Administration  of  the  School  System. 
§63.   Financial  Support  of  Education 156 

CHAPTER  XI 

The  Supervision  of  Charities  and  Corrections 

§  64.  References.  §  65.  Charitable  Work  of  the  State.  §  66.  The 
State  Charities  Law.  §  67.  The  Poor  Law.  §  68.  The  In- 
sanity Law.     §69.  The  Prison  Law 172 


xii  Co7itents 


CHAPTER   XII 
The  Control  of  Economic  Interests 

PAGE 

§  70.  References.  §  71.  Economic  Functions  of  the  State. 
§  72.  The  Public  Lands.  §  73.  Protection  of  Forests,  Fish, 
and  Game.  §  74.  Agriculture  and  Agricultural  Products. 
§  75.  Labor  and  Factory  Laws.  §  76,  Domestic  Commerce. 
§  77.  Highways  and  Bridges.  §  78.  Canals  and  Naviga- 
tion.      §  79.    Control  of  Corporations i86 

CPIAPTER  XIII 

The  Management  of  the  Public  Finances 

§  80.  References.  §  81.  Financial  Business  of  the  State. 
§  82.  Sources  of  Public  Revenue.  §  83.  General  Taxation  — 
Assessment  and  Equalization.  §  84.  Levying  and  Collection 
of  Taxes.     §  85.  Control  of  Expenditures.     §  86.  Public  Debts     2ii 


APPENDIX    A 

Chronological  Tables 

§  87.   Important   Historical    Events.      §  88.  Governors  of  New 

York,  with  Dates  of  their  Accession 229 

APPENDIX   B 

Select  Historical  Documents  (Excerpts) 

89.  Charter  to  the  Dutch  West  India  Company,  1621. 
§  90,  Charter  of  Freedoms  and  Exemptions,  1629.  §  91.  Pat- 
ent to  the  Duke  of  York,  1664.  §  92.  Charter  of  Liberties 
and  Privileges,  1683.      §  93.  Constitution  of  New  York,  1894     236 

APPENDIX  C 

Political  Divisions  of  the  State 

§  94.  Counties  in  the  Order  of  their  Erection.  §  95.  Senate 
and  Assembly  Districts.  §  96.  Judicial  Departments  and 
Districts 261 


Contents  xiii 

APPENDIX  D 
Synoptical  Review  of  the  State  Government 

PAGB 

§  97.  Central  Government  of  the  State.  §  98.  Government  of 
Greater  New  York.  §  99.  Government  of  Buffalo.  §  100.  Gov- 
ernment of  Cities  of  the  Second  Class  —  Rochester,  Syracuse, 
Albany,  and  Troy.  §  loi.  Government  of  Counties,  Towns, 
and  Villages 265 

APPENDIX   E 

Statistical  Tables 

§  102.  Population  by  Counties.  §  103.  Population  of  Cities. 
§  104.  The  Presidential  Vote  of  New  York  §  105.  The 
State  Finances 279 

Index 291 


PART   FIRST 

THE   GROWTH    OF   THE    GOVERNMENT 

CHAPTER    I 
THE   DUTCH  AND   NEW   NETHERLAND 

I.    References 

A  general  survey  of  New  York  under  the  Dutch  may  be  found  in 
Roberts,  Neiu  York  (American  Commonwealth  Series),  chs.  i-6 ; 
Hildreth,  History  of  the  United  States,  I.  chs.  5,  13;  Lodge,  English 
Colonies,  285-295;  Bancroft,  History  of  the  United  States  (last  ed.), 
I.  475-518;  Winsor,  Narrative  and  Critical  History  of  America,  IV. 
395-409;  Bryant  and  Gay,  History  of  the  United  States,  I,  pp.  339- 
369,429-449,11.  1 15-164;  Y\%kQ,  Dutch  and  Qua-ker  Colonies.  The 
most  important  general  histories  covering  the  period  are  Brodhead, 
History  of  New  York,  vol.  I.,  O'Callaghan,  History  of  New  Netherlands 
2  vols.,  which  contain  important  documents,  and  Smith,  History  of  N'ew 
York  to  1732,  Other  general  histories  of  New  York  are  those  of 
Dunlap,  2  vols.;   Macaulay,  3  vols.;   Yates  and  Moulton. 

Special  information  may  be  obtained  from  the  local  histories,  such 
as  Lamb,  History  of  the  City  of  New  York,  2  vols.;  Booth,  History  of 
the  City  of  N'ew  York,  2  vols.;  Wilson,  Memorial  History  of  the  City 
of  New  York,  vol.  I.;  Roosevelt,  N'eiv  York  (Historic  Towns  Series); 
Furman,  Antiquities  of  Long  Island,  and  History  of  Brooklyn;  Thomp- 
son, History  of  Long  Island ;  Wood,  History  of  Long  Island ;  Flint, 
Early  Long  Lsland;  Moore,  Antiquities  of  Long  Lsland ;  Stiles,  His- 
tory of  Brooklyn,  3  vols.  The  character  of  the  early  Dutch  towns  is 
described  in  Elting,  "  Dutch  Village  Communities  on  the  Hudson " 
{m  Johns  Hopkins  University  Studies,  fourth  series) ;  A.  E.  McKin- 
ley,  "  Dutch  and  English  Towns  in  New  Netherland  "  (in  American 
Historical  Review,  vol.  VL  p.  i). 

B  I 


2  Government  of  New   Yoj'k 

Original  sources  and  documents  are  contained  in  O'Callaghan, 
Documentary  History  of  New  York,  4  vols.,  Docutnents  relative  to  the 
Colonial  History  of  the  State  of  iVew  York,  15  vols.,  and  Lazus  and 
Ordinances  of  N'ezv  jYetherland,  16^8-1674;  Munsell,  Annals  of 
Albany,  10  vols.;  and  the  various  town  records.  Much  important 
material  is  also  contained  in  the  Collections  of  the  New  York  Histori- 
uil  Society. 

For  further  references,  see  Channing  and  Hart,  Guide  to  American 
History,  pp.  67-69,  112,  258;  Winsor,  N'arrative  and  Critical  History  of 
America,  IV.  409-432,  439-442  ;  and  Bibliography  of  Nezv  York  Co- 
lonial History,  published  by  the  New  York  State  Library  (Bulletin  56). 


2.    Political  Growth  of  New  York 


Importance 
of  the  State 
government. 


rieasons  for 
studying  its 
growth. 


'  To  understand  the  political  system  under  which 
we  live,  we  must  study  not  only  the  Federal  govern- 
ment of  the  United  States,  but  the  government  of 
our  own  State.  In  many  respects  the  State  govern- 
ment comes  into  closer  and  more  vital  relations  to 
us  than  does  the  national  government.  The  most 
important  interests  of  our  daily  life — our  personal 
liberty  and  security,  the  peace  of  our  homes,  our 
property,  our  health,  our  education  —  are  all  largely 
under  the  protection  or  supervision  of  the  State.  So 
too,  our  most  ordinary  political  duties  have  to  do 
either  with  the  affairs  of  the  State  itself,  or  with  va- 
rious matters  connected  with  the  subdivisions  of  the 
State  —  the  affairs  of  the  county,  the  town,  the  vil- 
lage, or  the  city.  These  are  matters  which  concern 
every  citizen.  To  know  how  they  are  managed,  and 
how  they  ought  to  be  managed,  is  necessary  to  every 
one  who  expects  to  have  a  share  in  the  rights  and 
duties  of  citizenship. 

If  we  should  attempt  at  the  outset  to  comprehend 
all  the  varied  interests  of  this  great  State  —  with  its 


TJie  Dutch  and  Nezv  Netherland  3 

millions  of  inhabitants,  with  its  complicated  political 
machinery,  with  its  multitude  of  officers,  with  the 
vast  amount  of  work  which  it  does  for  the  welfare  of 
the  people  —  we  would  doubtless  find  it  a  difficult 
and  discouraging  task.  Li.ke  every  other  complex 
and  highly  developed  organization,  our  State  govern- 
ment can  be  most  easily  understood  by  studying  it 
in  its  origin  and  growth.  We  can  then  see  its  small 
and  simple  beginnings,  the  way  in  which  it  has  grad- 
ually expanded,  and  finally  the  manner  in  which  it 
has  reached  its  present  development.  We  can  see 
how  the  methods  of  government  have  been  changed 
from  time  to  time  to  meet  the  growing  needs  of  the 
people ;  how,  also,  the  people  have  obtained  more 
and  more  a  share  in  the  government ;  and  how  the 
government  has  at  last  come  to  be  the  organized 
agency  through  which  the  people  may  protect  their 
own  rights  and  provide  for  their  own  welfare. 

The  origin  of  our  State  government  must  be  found*  Sources  of 
in   the   institutions   of   the  people  who  have  settled  N^^Yo^k 

^        ^  institutions 

within  the  limits  of  the  State.  These  people  came 
from  Europe,  and  were  the  subjects  of  European 
governments.  The  first  political  institutions  of  our 
State  were  therefore  European  in  their  origin,  and 
were  established  in  order  to  govern  the  colonists  who 
settled  on  the  coasts  of  Long  Island  and  the  shores 
of  the  Hudson.  The  earliest  of  these  people  were 
the  Dutch  ;  and  consequently  the  earliest  institutions 
were  those  which  grew  up  under  the  influence  of 
Dutch  ideas  and  methods.  The  next  people  were  the 
English ;  and  the  institutions  of  the  colony  were 
changed,  or  supplemented,  by  methods  which  were 
largely  English  in  their  character.       But  when    the 


Governmefit  of  New   York 


J 


Periods  of 
New  York 
history. 


authority  of  the  EngHsh  government  was  overthrown, 
the  people  of  the  State  were  called  upon  to  estabUsh 
a  government  of  their  own,  to  manage  their  own 
affairs  in  their  own  way.  Instead  of  conforming 
strictly  to  either  Dutch  .  or  EngHsh  methods,  they 
developed  a  form  of  government  which  was  suited 
to  their  own  situation  and  needs,  and  which  was 
secured  by  a  constitution  of  their  own  making.  This 
later  form  of  government  can  properly  be  described 
only  by  calling  it  American.  Our  political  institu- 
tions have  therefore  been  derived  from  different 
sources.  A  part  of  them  may  be  referred  to  the 
Dutch ;  a  much  larger  part  to  the  English ;  but  the 
greatest  and  most  distinctive  portion  must  be  regarded 
as  having  been  developed  upon  American  soil. 

In  view  of  the  different  sources  from  which  our 
institutions  have  been  derived,  the  political  history  of 
New  York  may  be  divided  into  three  periods  :  (i)  the 
Dutch  period  (1609- 1664),  when  the  shores  of  the 
Hudson  and  of  Long  Island  were  discovered  and 
settled  by  the  Dutch  people,  and  local  institutions 
were  established  somewhat  like  those  in  Holland ; 
(2)  the  EngHsh  period  (1664-1776),  when  the  Dutch 
colonies  were  conquered  by  the  English,  and  the  pre- 
vious Dutch  institutions  were  modified  and  supple- 
mented by  English  ideas  and  methods;  and  (3)  the 
Constitutional  period  (from  1776  to  the  present),  dur- 
ing which  time  New  York  has  become  a  free  State, 
and  has  established  a  constitutional  government, 
which  is  neither  Dutch  nor  English,  but  distinctly 
American  in  its  character.  We  are  therefore  to  study 
New  York  as  a  Dutch  colony,  as  an  English  province, 
and  as  an  American  State. 


The  Dutch  and  New  NetJLerla7id  5 

3.    Establishment  of  the  Dutch  Colony 

The  first  form  of  government  established  within  Political 
the  borders  of  the  State  was  derived  from  the  insti-  o^H^ikHd 
tutions  of  Holland.  While  the  other  countries  of 
Europe  were  oppressed  by  despotic  rulers,  the  Dutch 
people  had  thrown  off  the  authority  of  Spain,  and 
had  established  an  independent  repubUc.  Their 
different  provinces  were  united  under  a  body  of 
their  own  representatives,  called  the  States  General. 
But  the  institutions  of  the  Dutch  people  that  directly 
concern  us  here  are  the  forms  of  local  government 
which  they  had  in  the  seventeenth  century,  and  which 
they  brought  to  our  shores.  The  Dutch  provinces 
were  made  up  of  a  large  number  of  feudal  estates 
governed  by  feudal  lords,  or  *'  patroons."  Each  lord 
was  not  only  the  proprietor  of  the  land  of  his  estate, 
but  was  to  a  great  extent  the  political  ruler  within  this 
territory.  Besides  these  estates,  or  "  patroonships," 
there  were  also  quite  a  number  of  commeirial  tozvns 
having  the  right  of  local  self-government ;  that  is,  the 
right  to  choose  or  nominate  their  own  officers,  to  raise 
their  own  taxes,  and  to  administer  their  own  laws. 
The  United  Provinces,  of  which  Holland  was  the 
most  important  member,  was  thus  a  group  of  self- 
governing  communities.^  The  custom  of  governing 
themselves  made  the  Dutch  a  liberty-loving,  intelli- 
gent, and  self-rehant  people  ;  and  wherever  they  went 
they  carried  with  them  the  spirit  of  liberty  and  the 
forms  of  local  self-government. 

In  the  seventeenth  century  Holland  was  inspired.  The  com- 
like  the  rest  of  Europe,  with  the  spirit  of  commercial  poijcy  of 

1  Motley,  Dutch  Republic,  I.  30-41 ;  Brodhead,  New  York,  I.  ch.  13.    Holland. 


6  Government  of  New    Yoi'k 

enterprise.  She  desired  to  extend  her  trade,  and  to 
plant  colonies  in  India  and  in  other  parts  of  the 
world.  To  do  this  more  effectively,  she  established 
commercial  companies,  or  bodies  of  merchants  or- 
ganized under  a  charter  to  carry  on  trade  with  the 
newly  discovered  countries.  It  was  in  the  employ  of 
one  of  these  companies  —  the  Dutch  East  India  Com- 
pany—  that  Henry  Hudson,  while  trying  to  find  a 
northwestern  passage  to  India,  sailed  into  New  York 
Bay,  and  discovered  the  Hudson  River  (1609).^  The 
prospect  of  opening  a  fur  trade  with  the  Indians  in 
America  led  to  the  formation  of  a  new  company  — 
the  New  Netherland  Company  (1614) — with  a  charter 
from  the  States  General,  in  which  charter  the  terri- 
tory v/as  first  called  ''  New  Netherland."  ^  This  com- 
pany took  possession  of  Manhattan  Island,  and  also 
estabUshed  a  trading-post  near  the  present  site  of 
Albany.  It  was  thus  the  commercial  spirit  of  Hol- 
land that  led  to  the  discovery  and  first  settlement  of 
the  lands  along  the  Hudson. 
The  Dutch  When  the  charter  of  the  New  Netherland  Com- 

pany expired  (161 8),  another  company  was  estab- 
lished, under  the  name  of  the  Dutch  West  India 
Company  (1621).  This  company  made  earnest  efforts 
to  develop  a  trade  with  the  natives,  and  to  encourage 
emigration  to  the  new  colony.  Its  charter  gave  it 
the  power  to  make  permanent  settlements,  to  es- 
tablish a  government  over  the  colony,  and  to  appoint 
all  necessary  officers,  civil,  military,  judicial,  and 
executive.^ 

1  Brodhead,  I.  24-35;   O'Callaghan,  Neiv  Netherland,  I.  ch.  2. 

2  Brodhead,  I.  61-65;   O'Callaghan,  I.  74-76. 
^  Brodhead,  I.  134-137.     See  Appendix,  this  volume,  p.  236. 


West  India 
Company. 


The  Dutch  and  Nezv  NetJicrland  7 

In  the  year  following  its  incorporation  the  Company  Estabiish- 
took  active  steps  to  occupy  the  new  territory.  Ships  i^entofthe 
were  despatched  to  the  Hudson;  a  trading-post  was 
established  on  Manhattan  Island,  and  Fort  Orange 
was  erected  near  Albany.  A  small  colony  of  eighteen 
families  was  soon  settled  at  Fort  Orange ;  and  another 
colony,  made  up  of  Walloons,  or  French  Protestants, 
was  settled  on  Long  Island  at  a  place  called  "Waal- 
broght,"  or  foreigners'  bay  (1623).  Plans  were  imme- 
diately made  to  erect  a  fort  on  the  Delaware,  which 
was  called  Fort  Nassau ;  and  another  one,  Fort  Good 
Hope,  was  built  on  the  Connecticut.^  These  three 
forts  on  the  Hudson,  the  Delaware,  and  the  Con- 
necticut, formed  the  outposts  of  the  colony.  The 
supervision  of  the  colony  and  the  interests  of  the 
Company  were  at  first  placed  under  the  direction  of 
Cornelius  Jacobzen  Mey  (1624),  who  was  succeeded 
the  next  year  by  William  Verhulst  (1625). 

The  colony  as  yet  had  no  definitely  organized  First  colonial 
governm.ent,  although  two  directors  had  already  s^v^^"'^^"^- 
been  appointed  to  look  after  the  interests  of  the 
Company.  With  the  appointment  of  Peter  Minuit 
as  director-general  (1626)  there  was  organized  what 
we  may  call  the  first  colonial  government.  To  assist 
the  director,  a  council,  consisting  of  five  persons,  was 
appointed.  The  director  and  his  council  were  vested 
with  the  supreme  legislative,  judicial,  and  executive 
authority  within  the  colony;  they  were  subject  only 
to  the  Company  and  the  States  General  in  the  mother 
country.  Under  the  director  and  his  council  were 
two  administrative  officers  ;  one  was  the  secretary 
and   bookkeeper   of   the   colony,   called    the   '*  koop- 

1  Brodhead,  1.  149-162;   CVCallaghan,  T.  99,  100. 


8 


Government  of  Nezv  York 


man "  ;  the  other  was  an  executive  officer,  to  carry 
out  the  orders  of  the  council,  called  the  "  schout,"  a 
sort  of  public  prosecutor  and  sheriff.^  This  small 
body  of  officers  formed  the  first  civilized  government 
within  the  territory  of  our  State ;  and  from  it  as  a 
starting-point  we  are  to  trace  the  more  complex  in- 
stitutions of  later  times.  The  headquarters  of  the 
government  were  located  on  Manhattan  Island,  which 
was  purchased  from  the  Indians  for  sixty  guilders 
(about  twenty-four  dollars).  Fort  Amsterdam  was 
erected  at  the  lower  extremity  of  the  island ;  and  a 
settlement  soon  grew  up  about  the  fort,  receiving  the 
name  of  New  Amsterdam. 


Charter  of 
"  Freedoms 
and  Exemp- 
tions." 


4.    The  Patroonships  or  Feudal  Manors 

During  the  first  years  of  Minuit's  administration 
there  were  comparatively  few  settlers,  the  whole 
population  not  amounting  to  more  than  two  or  three 
hundred.  The  efforts  of  the  Company  in  Holland  to 
encourage  emigration  to  the  New  World  led  to  the 
estabhshment  of  the  first  form  of  local  government 
in  the  colony.  The  Company  passed  a  law  (1629) 
called  the  '*  Charter  of  Freedoms  and  Exemptions," 
which  gave  to  every  member  of  the  Company  the 
right  to  plant  a  colony  of  fifty  persons  in  any  part  of 
the  province,  except  on  the  reserved  island  of  Man- 
hattan, and  the  right  to  govern  such  colony  as  the 
feudal  estates,  or  patroonships,  were  governed  in 
Holland.^     Such  a  colony  or  settlement  might  occupy 


1  Brodhead,  I.  163,  164;   O'Callaghan,  I.  101-103. 

2  Brodhead,  I.  191-198.     See  Appendix,  this  volume,  p.  237. 


The  Dutch  and  New  Nethcrland  9 

sixteen  miles  on  one  bank  of  any  river,  or  eight 
miles  on  both  banks,  and  extend  inland  as  far  as  it 
seemed  desirable. 

By  this  charter  the  feudal  system  of  Holland  was  The  feudal 
transplanted  to  the  banks  of   the  Hudson  and  the  g^^emonthe 

^  Hudson. 

Delaware.  On  the  upper  Hudson  —  in  the  present 
counties  of  Albany,  Columbia,  and  Rensselaer  —  a 
large  estate  was  taken  up  by  KiHen  van  Rensselaer, 
and  received  from  its  proprietor  the  name  of  Rensse- 
laerwick.  Another  estate,  called  Pavonia,  was  laid 
out  on  Staten  Island  and  the  lower  Hudson  on  the 
Jersey  shore.  A  third  was  established  on  the  Dela- 
ware, under  the  name  of  Swaanendael.  The  last  two 
mentioned  were  short-lived;  but  Rensselaerwick  re- 
mained during  the  whole  Dutch  period,  and  its  pecul- 
iar system  of  landholding  did  not  pass  away  entirely 
until  recent  times. 

The  patroon  was  a  feudal  lord.     He  was  not  only  The  govern- 
the  proprietor  of  the  land,  but  the  political  ruler  over  "^^"^  °^  ^^^ 

^      ^  'IT  patroon. 

those  who  settled  upon  it.  He  had  the  authority  to 
appoint  officers  and  magistrates  and  to  exercise  juris- 
diction in  all  cases,  except  those  involving  a  capital 
crime.  In  civil  cases  involving  more  than  fifty 
guilders  (about  twenty  dollars)  an  appeal  lay  to  the 
director  general  at  Manhattan.  The  form  of  the 
government  established  by  the  patroon  over  his 
estate  was  somewhat  similar  to  that  of  the  colonial 
government  at  Manhattan.  The  patroon  was  assisted 
by  a  council  consisting  of  four  persons  —  the  super- 
intendent of  the  estate  and  his  deputy,  and  two  magis- 
trates called  "  schepens."  The  subordinate  officers 
of  the  estate  were  the  "schout,"  or  sheriff;  the  secre- 
tary, who  kept  the  records ;  and  a  court  messenger, 


10 


Government  of  Neiu  York 


Condition  of 
the  people. 


The  new 
charter  of 
1640. 


or  constable.^  The  government  thus  constituted  was 
used  to  advance  the  interests  of  the  patroon,  with 
little  regard  for  the  welfare  of  his  tenants. 

The  population  of  the  estate  was  made  up  mostly 
of  farmers,  or  tenants,  and  day-laborers.  The  con- 
ditions upon  which  the  tenant  held  his  land  were  far 
from  easy.  All  the  produce  raised  on  the  tenant's 
land  must  first  be  brought  to  the  patroon,  who  de- 
ducted one-half  or  one-third  for  his  own  use.  Every 
person  erecting  a  building  must  pay  a  ground-rent  to 
the  patroon.  Every  tenant  must  grind  his  corn  at 
the  patroon's  mill.  No  one  could  hunt  or  fish,  or  even 
leave  the  estate,  without  the  patroon's  consent.^  With 
such  hard  conditions  as  these  it  could  not  be  expected 
that  the  population  would  increase  very  rapidly. 

5.    Growth  of  Town  Governments 

Under  the  existing  system  the  condition  of  the 
colony  was  not  such  as  to  satisfy  the  expectations  of 
the  Company.  The  director,  Minuit,  was  charged 
with  favoring  the  avaricious  policy  of  the  patroons, 
and  was  recalled  (1632);  and  the  colony  was  gov- 
erned for  a  year  by  the  council  without  a  director. 
Wouter  Van  Twiller,  the  next  governor  (163  3- 163 8), 
strove  to  advance  the  commercial  interest  of  the  Com- 
pany. But  he  lacked  practical  skill  and  prudence,  and 
was  soon  superseded  by  William  Kieft  (1638-1647), 
under  whose  administration  important  changes  took 
place.  To  restrict  the  power  of  the  patroons  and  to 
give  further  encouragement  to  emigration,  the  Com- 

1  O'Callaghan,  L  320. 

2  Brodhead,    I.    305;     Scharf,     IVest/ninster    County,    I.    31-160; 
Schuyler,  Colonial  New  York^  I.  1-33. 


The  Dutch  and  New  NetJierland  ii 

pany  issued  a  new  Charter  of  Freedoms  and  Exemp- 
tions (1640).  This  charter  is  important  to  us  because  it 
paved  the  way  for  another  form  of  local  government. 
Among  other  things  the  charter  gave  to  any  person, 
accompanied  by  five  other  grown  persons,  the  right 
to  take  possession  of  two  hundred  acres  of  unculti- 
vated land,  with  the  further  provision  that,  when 
such  settlements  should  increase  in  size,  towns  might 
be  formed,  with  local  governments  like  those  pos- 
sessed by  the  towns  in  Holland. ^  Such  towns  were 
to  have  local  magistrates  appointed  by  the  director 
and  council,  "  from  a  triple  nomination  of  the  best 
qualified  in  said  towns  and  villages."  From  these 
magistrates,  who  were  to  form  a  local  court,  an 
appeal  could  be  made  to  the  colonial  government 
at  Manhattan.  After  the  issue  of  the  new  charter 
the  territory  became  dotted  with  a  considerable  num- 
ber of  hamlets  and  villages.  The  population,  which 
in  1640  was  only  a  few  hundred,  increased  to  about 
three  thousand  before  the  EngHsh  conquest  (1664); 
and  during  this  time  we  see  the  growth  of  local 
government  in  the  towns  of  the  colony. 

The  first  people  to  take  advantage  of  the  charter  The  English 
of  1640  were,  however,  not  the  Dutch  people,  but  the 
English  from  New  England.  Some  of  them  came  to 
Long  Island  to  find  more  religious  freedom  than  they 
enjoyed  in  Massachusetts,  some  to  obtain  greater 
security  from  the  Indians  than  they  possessed  in 
Connecticut.  Having  been  accustomed  to  town  gov- 
ernments in  New  England,  they  consented  to  settle 
in  New  Netherland  only  on  the  condition  that  they 
should  retain  their  town-meetinsrs  and   choose  their 

1  Brodhead,  I.  311-313;   O'Callaghan,  I.  218-222. 


towns  on 
Long  Island. 


Dutch 
Towns." 


12  Government  of  New  York 

own  officers.  This  assurance  was  given  by  the 
director,  Kieft,  on  the  condition  that  their  elections 
should  be  approved  by  the  director  and  his  council.^ 
The  English  towns  on  Long  Island  were  thus  in- 
corporated at  the  time  of  their  settlement.  Within 
a  short  period  there  were  four  English  towns  (after- 
ward five)  in  New  Netherland  enjoying  the  right  of 
local  self-government ;  and  these  were  in  fact  the 
first  towns  incorporated  within  the  colony .^ 
The "  Five  The  incorporation  of  the  English  towns  was  soon 

followed  by  that  of  the  Dutch  towns.  Breucklyn, 
which  included  the  Walloon  settlement  at  Waal- 
broght,  and  which  was  the  oldest  village  on  the 
island,  now  received  for  the  first  time  a  local  gov- 
ernment. This  town,  with  four  other  neighboring 
Dutch  villages,  which  also  received  local  magistrates, 
became  known  as  the  '*  Five  Dutch  Towns,"  and 
were  grouped  together  for  administrative  purposes. 
Delegates  from  the  town  courts  formed  a  sort  of 
'*  district  court,"  with  a  single  schout,  and  with  author- 
ity over  the  district.  This  body  of  magistrates  could 
construct  roads,  build  churches,  establish  schools,  and 
make  local  regulations  subject  to  the  approval  of  the 
colonial  government  at  Manhattan.    But  most  of  these 

1  Brodhead,  I.  335;  O'Callaghan,  I.  317;   McKinley,  in  American 
Historical  Review,  N\.  \0-\2. 

2  The  English  towns  on  Long  Island  within  the  jurisdiction  of  New 
Netherland  were  the  following :  — 

Mespath,  Middleburgh  (Newtown),  settled  and  incorporated  1642. 
Heemstede  (Hempstead),  settled  and  incorporated  1644. 
Vlissingen  (Flushing),  settled  and  incorporated  1645. 
Gravensande  (Gravesend),  settled  and  incorporated  1645. 
Rustdorp    (Jamaica),   settled  from   Heemstede   and   incorporated 
1656. 


The  Dutch  and  New  Netherland 


13 


towns  were  organized  after  the  appointment  of  Peter 
Stuyvesant  as  director  (1647),  ^.nd  had  little  to  do 
with  the  appointment  of  their  local  officers.  The 
first  officers  were  usually  named  in  the  charter  of 
incorporation,  and  their  successors  were  appointed  by 
the   director,  on  nominations    made  by  the   retiring 


magistrates,  and  not  by  the  people.^  Stuyvesant, 
however,  saw  the  need  of  concentration  to  withstand 
the  attacks  of  the  Indians,  and  ordered  the  people  to 
collect  in  villages,  ''  after  the  fashion  of  our  New 
England  neighbors."  ^ 

1  Brodhead,  I,  580,  693.    The  Five  Dutch  Towns  on  the  Hudson 
were  the  following :  — 

Breucklyn  (Brooklyn),  settled  1623,  incorporated  1646. 
Amersfoort  (Flatlands),  settled  1636,  incorporated  1654. 
Midwout  (Flatbush),  settled  1652,  incorporated  1654. 
Boswick  (Bushwick),  settled  1660,  incorporated  1661. 
New  Utrecht,  settled  1657,  incorporated  1661. 

2  Brodhead,  I.  613. 


14  GovcruDicnt  of  Nezv  York 

The  Dutch  The  towns  on  the  Hudson,  with  the  exception  of 

towns  on  the    ]\[gy^  Amsterdam,  were  perhaps  the  least  flourishincf 

Hudson.  . 

of  all  the  Dutch  settlements,  being  scattered  along 
the  river  and  constantly  exposed  to  the  attacks  of  the 
Indians.  They  received  after  a  while  a  sort  of  local 
government,  subject  to  the  supervision  of  the  director 
and  his  council.  The  government  consisted  of  a  few 
"schepens,"  or  magistrates,  having  judicial  authority 
over  small  offences,  with  power  to  make  local  regula- 
tions in  respect  to  roads,  bridges,  churches,  schools, 
and  with  administrative  authority  to  carry  out  these 
regulations.  These  magistrates  v/ere  assisted  by  a 
"  schout,"  who  prosecuted  offenders  and  carried  out 
the  orders  of  the  court.  The  officers  were  not  elected 
by  the  people,  but  were  generally  appointed  by  the 
director.  The  Dutch  towns,  however  much  they  may 
have  desired  liberty,  did  not  possess  the  same  amount 
of  self-government  as  the  English  towns,  or  even  as 
much  as  the  towns  in  their  own  Fatherland.^ 

1  The  typical  government  which  was  evidently  intended  for  these 
towns  is  seen  in  the  "  Conditions  "  offered  by  the  Burgomasters  of 
New  Amsterdam  with  the  approval  of  the  West  India  Company.  For 
these  "  Conditions  "  see  N'ew  York  Historical  Society  Collections,  I.  291 ; 
another  translation  of  the  same,  N'e^v  Series,  I.  238.  The  following 
were  the  towns  on  the  Hudson  :  — 

New  Amsterdam,  demanded  a  burgher  government  1649,  incorpo- 
rated with  five  "  schepens,"  two  "  burgomasters,"  and  a  "  schout,"  1653. 

Beverwick  (near  Fort  Orange),  settled  1634,  partly  incorporated 
1652. 

New  Haerlem,  settled  1651,  incorporated  1660. 

Esopus  (Wiltwyck),  fort  built  1616,  village  formed  1658,  incorpo- 
rated 1661. 

Bergen,  settled  1657,  incorporated  1661. 


The  Dutch  and  New  NetJierlcDid  15 

6.    Struggle  for  Political  Rights 

The  people  of  New  Netherland,  whether  English  The  "Twelve 
or  Dutch,  were  made  up  of  men  who  believed  in  ^  ^"' 
popular  government,  and  who  desired  a  voice,  not 
only  in  the  government  of  their  own  towns,  but  in 
the  central  government  of  the  colony.  There  was 
nothing,  however,  in  the  charter  of  the  Company 
which  gave  to  the  people  this  privilege.  The  Com- 
pany had  conferred  the  supreme  power  in  the  colony 
upon  the  director  and  his  council.  It  was  only  the 
prospect  of  a  serious  Indian  v/ar  that  first  drove  the 
director,  Kieft,  to  seek  the  advice  and  support  of 
the  people.  In  his  perplexity  the  director  summoned 
an  assembly  at  Fort  Amsterdam  ( 1641 ),  Vv'hich  was  the 
first  popular  meeting  ever  held  in  the  colony.  The 
assembly  chose  ''Twelve  Select  Men  "  as  their  repre- 
sentatives to  confer  with  the  director.  The  Twelve 
Men  not  only  gave  their  advice  regarding  the  Indian 
trouble,  but  demanded  reforms  in  the  government, 
claiming  that  the  colonial  council  should  contain 
representatives  from  the  people.  These  demands 
were  rejected;  the  Twelve  Men  vv^ere  dismissed;  and 
the  director  issued  a  proclamation  to  the  effect  that 
there  should  be  no  more  meetings  of  the  people  with- 
out his  order.^ 

This  first  attempt  at  popular  government  was  soon  The  "Eight 
followed  by  another  similar  attempt.     Another  out-   ^^^""-'^"^ 

-'      ^  \  their  com- 

break  of  Indians  compelled  the  director  to  call  an-  plaints. 
other  assembly  (1643).     This  assembly  followed  the 
^xample  of  its  predecessor,  and  chose  "  Eight  Men  " 
as  their  representatives,  who  took  advantage  of  their 

1  Brodhead,  I.  317-319,  325-329;   O'Callaghan,  I.  242-249. 


1 6  Government  of  New   York 

'position  to  assert  their  rights  as  freemen.^  They 
drew  up  an  address  to  the  Company  in  Holland,  recit- 
ing the  grievances  of  the  people ;  they  demanded  the 
recall  of  Kieft,  and  suggested  that  representatives 
should  be  chosen  ^*  to  vote  on  public  affairs  with  the 
director  and  his  council."  As  a  result  of  these  com- 
plaints, Kieft  was  recalled,  and  Peter  Stuyvesant  was 
appointed  in  his  place  (1647). 
Stuyvesant  Stuyvcsant  on  his  accession  to  power  yielded  to  the 

and  the  popular  demand  for  representatives  ;  and  from  eigh- 

Men."  teen  men  nominated  by  the  people,  he  selected  "  Nine 

Men  "  to  advise  and  assist  him  when  called  upon. 
The  Nine  Men  were  soon  called  upon  to  vote 
supplies  for  repairing  the  fort,  for  completing  the 
church,  and  for  providing  for  the  public  school.  The 
proposals  regarding  the  church  and  the  school  were 
approved ;  but  it  was  thought  that  the  expense  of 
repairing  the  fort  should  come  from  the  revenues  of 
the  Company.  The  independent  spirit  of  the  Nine 
Men  excited  the  wrath  of  the  governor,  who  showed 
no  sympathy  with  free  institutions.^  He  forbade  the 
keeping  of  a  journal  of  the  council's  proceedings. 
He  repressed  the  religious  freedom  hitherto  enjoyed 
in  the  colony ;  he  declared  in  favor  of  the  Dutch 
Reformed  Church ;  imposed  a  fine  upon  any  who 
should  preach  without  a  license ;  and  persecuted  the 
Quakers  who  had  fled  from  Massachusetts.  The 
Nine  Men  drew  up  and  sent  a  remonstrance  to  the 
Company,  complaining  of  the  arbitrary  conduct  of  the 
governor,  and  citing  the  example  of  the  New  England 

1  Brodhead,  I.  364,  397-400;   O'Callaghan,  283-285,  288-292. 

2  Brodhead,  I.  473-477,  504-517;   Lamb,  City  of  New  York^  I.  142- 
147. 


TJie  Dutch  mid  New  Netherland  17 

towns,  where  "  neither  patroon  nor  lord  was  known, 
but  only  the  people." 

The  contmued  opposition  between  the  people  and  The  con- 
the  governor  led  to  the  convention  of  1653.^  It  was  ^5"^°^° 
composed  of  nineteen  representatives  chosen  from 
eight  towns  —  four  English  towns  and  four  Dutch 
towns  —  the  latter  of  which  the  governor  proposed  to 
incorporate  to  offset  the  influence  of  the  English.  The 
chief  work  of  this  convention  was  the  drawing  up  of  a 
remonstrance,  containing  several  indictments,  which 
the  governor  was  asked  to  answer.  In  his  reply  Stuyve- 
sant  called  attention  to  the  fact  that  the  document 
had  been  drawn  up  by  an  Englishman  (George  Bax- 
ter), "  that  these  Englishmen,  the  actors,  the  instiga- 
tors and  leaders  of  these  novelties,  actually  enjoyed 
greater  privileges  than  the  New  Netherland  *  Ex- 
emptions'  allow  to  any  Dutchman;"  that  the  Eng. 
lish  custom  of  electing  officers  would  not  be  tolerated 
in  the  Dutch  towns  ;  that  if  the  populace  were  allowed 
to  elect  their  magistrates,  "  each  would  vote  for  one 
of  his  own  stamp,  the  thief  for  a  thief,  the  rogue,  the 
tippler,  and  the  smuggler  for  his  brother  in  iniquity." 
When  the  convention  sought  to  reply,  it  was  dis- 
persed with  a  farewell  message  of  Stuyvesant  insist- 
ing that  "  we  derive  our  authority  from  God  and  the 
Company,  not  from  a  few  ignorant  subjects."  ^ 

In  spite  of  the  fact  that  the  people  persisted  to  the  Fail  of  New 
last  in  their  claims  to  a  share  in  the  government,  and  ^'^^^eriand. 
in  spite  of  the  fact  that  the  governor  was  sometimes 
driven  to  consult  them,  there  was  never  established  a 
permanent  and  efficient  representative  assembly  in 

1  Brodhead,  I.  570-573;    Lamb,  I,  166. 

2  Brodhead,  I.  568-575;   Lamb,  L  167. 
c 


i8 


Government  of  Nezv  York 


New  Netherland.  In  the  midst  of  dangers  arising 
from  Indian  attacks,  from  encroachment  of  the  New 
England  people,  and  from  the  renewed  hostilities  be- 
tween England  and  Holland,  a  final  attempt  to  obtain 
a  popular  government  was  made  in  1664,  when  the 
people  came  to  the  support  of  Stuyvesant.^  But 
before  this  assembly  was  dissolved  the  English  king, 
Charles  II.,  reasserted  the  long-standing  claim  of 
England  to  this  territory,  and  conferred  it  upon  his 
brother  James,  Duke  of  York.  Upon  the  arrival  of 
the  English  squadron,  Stuyvesant  surrendered  to  its 
commander ;  and  the  territory,  which  had  been  held 
by  the  Dutch  for  half  a  century,  became  an  English 
province. 


The  sover- 
eign power. 


Central 
government 
of  the  colony. 


7.    Review  of  the  Dutch  Colonial  Government 

The  political  institutions  which  grew  up  in  New 
Netherland  were  developed  under  the  influence  of 
the  Dutch  colonial  policy.  The  sovereignty,  or  su- 
preme authority  over  the  colony,  was  vested  in  the 
States  General,  the  governing  body  of  the  Dutch  re- 
public. The  States  General  had  conferred  upon  the 
Dutch  West  India  Company  the  right  to  rule  the 
colony,  and  by  the  authority  thus  granted  to  this  com- 
mercial company,  the  government  in  the  colony  was 
established.  So  the  government  in  the  colony  was 
subject  to  the  Company,  and  the  Company  was  subject 
to  the  supreme  authority  of  the  States  General. 

In  the  colony  itself  the  political  system  com- 
prised the  central  government,  which  had  control 
over  the  general  affairs  of  the  community,  and  thf? 


1  Brodhead,  I.  728,  729;   Lamb,  I.  206. 


The  DutcJi  a?td  New  NetJierland  19 

local  governments,  which  exercised  an  authority 
within  restricted  localities.  The  central  government 
consisted  of  the  director  general  and  a  council  of  from 
one  to  five  persons,  appointed  by  the  Company,  and 
sometimes  approved  by  the  States  General.  The 
other  officers  were  the  colonial  secretary  (koopman), 
and  the  public  prosecutor  (schout-fiscaal),  who  also 
performed  the  duties  of  a  sheriff. 

The  local  governments  comprised  two  forms,  some-  Local 
what  similar  to  those  existing  in  Holland,  namely,  a  oJ^hrcoioT 
feudal  form  and  a  municipal  form.  The  feudal  form 
was  the  patroonship,  in  which  the  local  authority  was 
exercised  by  the  patroon,  with  a  court  and  local  mag- 
istrates appointed  by  himself.  The  municipal  form 
comprised  the  towns,  in  which  the  authority  was  ex- 
ercised by  local  magistrates  (schepens)  with  a  prose- 
cuting officer  (schout).  The  town  officers  were  ap- 
pointed by  the  director  and  his  council,  upon  nomina- 
tions made  either  by  the  people  in  the  EngHsh  towns, 
or  by  the  retiring  magistrates  in  the  Dutch  towns. 

We  can  hardly  claim  that  the  government  of  New  The  rights 
Netherland  was  based  upon  true  democratic  principles.  °^  ^^^  people. 
While  adopting  the  political  forms  of  the  Fatherland, 
it  did  not  reproduce  the  spirit  of  those  institutions. 
The  commercial  policy  of  the  Company  and  the  auto- 
cratic temper  of  the  governors  were  opposed  to  the 
spirit  of  freedom  which  moved  the  people.  It  was 
only  the  stress  of  external  dangers,  and  the  constant 
complaints  of  the  people,  that  led  to  the  adoption  of 
even  the  forms  of  representative  government.  But 
the  popular  assemblies  were  intermittent,  and  formed 
no  permanent  element  in  the  political  system.  The 
advice  of  the  Twelve,  Eight,  or  Nine  Men,  who  were 


20  Government  of  New  York 

sometimes  called  to  counsel  with  the  governor,  was 
generally  ignored.  But  it  is  to  the  high  honor  of  the 
Dutch  people  that  they  loved  liberty,  even  when  they 
did  not  possess  it.  It  is  also  to  their  great  honor 
that,  in  spite  of  the  intolerant  policy  of  their  governor, 
they  permitted  a  large  degree  of  religious  liberty,  and 
favored  a  system  of  free  education. 


CHAPTER   II 
NEW  YORK  AS   AN  ENGLISH  PROVINCE 

8.    References 

General  References :  —  Roberts,  New  York,  I.  chs.  12-21 ;  Hildreth, 
History  of  the  United  States,  I.  445-447,  II.  passim;  Lodge,  English 
Colonies,  295-31 1;  ^z.uzxoi\..  History  of  the  United  States  (last  ed.), 
I.  518-527;  II.  36-46;  Winsor,  A^arrative  and  Critical  History  of 
America,  III.  385-41 1 ;  Bryant  and  Gay,  Popular  History  of  the  United 
States,  II.  319-354,  III.  222-253.  The  most  important  general  histo- 
ries are  still  Brodhead,  vols.  II.  and  III.,  and  Smith,  I.  50-282, 413-506. 

Special  references  besides  those  given  for  chapter  I.: — Bolton, 
History  of  Westchester  County,  1  vols.;  Stiles,  History  of  Kings 
County  and  Brooklyn,  2  vols.;  Butler,  "Outlines  of  Constitutional 
History  of  New  York  "  (in  New  York  Historical  Society  Collections, 
second  series,  II.  9-75) ;  North,  "  Constitutional  Development  of  New 
York  Colony"  (in  Magazine  of  Americati  History,  III.  161) ;  Werner, 
Civil  List  and  Constitutional  History  (1891);  Bishop,  "History 
of  Elections  in  American  Colonies"  (in  Colujuhia  College  Studies  in 
History,  vol.  III.;  McKinley,  "Transition  from  Dutch  to  English  Rule 
in  New  York  "  (in  American  Historical  Review,Yl.  693-724;  Osgood, 
"  The  Proprietary  Province "  (in  American  Historical  Review,  II. 
644-664,  III.  31-55,  244-265);  Jameson,  "Municipal  Government  for 
New  York  City  "  i\xv  Magazine  of  American  i^w/f^ry,  VIII.  315-330, 
598-611);  Greene,  "Provincial  Governor  in  the  English  Colonies" 
(in  Harvard  Historical  Studies,  vol.  VII.) ;  Fowler,  "  Constitutional 
and  Legal  History  of  New  York  "  (in  Wilson,  Memorial  History  of 
New  York  City,  II.  579-630);  Becker,  "Nominations  in  Colonial  New 
York "  (in  American  Historical  Review,  VI.  260) ;  Howard,  Local 
Constitutional  History  of  the  United  States,  pp.  105-112  (on  the  town 
system),  pp.  358-365  (on  the  county  system). 

Documentary  sources,  besides  those  given  for  chapter  I. :  —  Colo- 
nial Laws  of  New  York,  1664-1775,  5  vols.;  fournal  of  the  Colonial 

21 


22 


Government  of  Neiv  York 


Patent  to  the 
Duke  of 
York,  1664. 


Assembly  of  New  York,  2  vols.;  Journal  of  the  Legislative  Council  of 
New  York,  1691-1775,  2  vols. 

Bibliography: — Channing  and  Hart,  Guide  to  A??ierican  History , 
pp.  259,  286,  311-314;  Winsor,  America,  III.  410-415,  V.  240-242; 
Charlemagne  Tower,  Collection  of  Colonial  Laws,  1 68-1 81;  New  York 
State  Library,  Bibliography  of  New  York  Colonial  LListory. 

9.    The  New  Proprietary  Government 

By  the  English  conquest  the  sovereignty  of  New 
Netherland  passed  from  the  States  General  of  the 
Dutch  repubUc  to  the  king  of  England.  Instead  of 
placing  the  government  in  the  hands  of  a  trading 
company,  as  the  Dutch  had  done,  the  EngHsh  king, 
Charles  II.,  placed  it  in  the  hands  of  his  brother 
James,  Duke  of  York  and  Albany.  By  this  act  the 
territory  became  a  proprietary  colony.  The  law  by 
which  it  was  now  to  be  governed  was  contained  in  the 
patent,  or  written  document,  given  by  the  king  to  the 
duke,  who  was  now  made  the  proprietor.  The  terri- 
tory granted  to  James  included  not  only  that  hitherto 
belonging  to  New  Netherland,  but  the  whole  eastern 
part  of  Long  Island,  Martha's  Vineyard,  and  Nan- 
tucket Island,  and  the  territory  of  Pemaquid  situated 
in  Maine.  Over  this  territory  the  duke  was  made 
absolute  ruler.  The  patent  invested  him  with  ''full 
and  absolute  power  and  authority  to  correct,  punish, 
pardon,  govern,  and  rule  "  all  his  subjects  according  to 
such  laws  as  he  might  see  fit  to  establish,  provided 
only  they  were  not  contrary  to  the  laws  of  England.^ 
In  its  form  the  new  government  was  as  despotic  as 
can  well  be  imagined.  The  patent  contained  no 
guarantees  of  liberty  and  no  provisions  for  represent- 
ative government. 

^  Brodhead,  II.  16.     See  Appendix,  this  volume,  p.  238. 


New  York  as  an  English  Province  23 

The  extensive  power  conferred  by  the  king  upon  Nicoiis  and 
the    Duke    of    York,  the    duke  in  turn     deputed   to  ^^'^  "^'^ 

^  government. 

Richard  Nicolls  under  the  name  of  ''deputy  governor." 
Nicolls  was  a  man  of  tact,  and  his  general  policy  was 
to  reconcile  the  Dutch  inhabitants  to  the  new  state 
of  things.  He  therefore  made  as  few  changes  as 
possible  in  the  existing  form  of  the  government.  As 
governor  of  the  province  he  followed  the  Dutch  prac- 
tice, and  established  a  council  of  five  members,  which 
with  himself  was  to  exercise  executive,  legislative,  and 
judicia,!  powers.^  The  municipal  officers  were  con- 
tinued, according  to  the  terms  upon  which  the  city 
had  surrendered.  The  towns  on  the  Hudson  were 
unmolested.  While  the  English  worship  was  intro- 
duced in  the  province,  the  Dutch  were  allowed  to 
continue  their  customary  services. 

Besides  the  fact  that  EngUsh  officials  had  taken  the  Change  of 
place  of  the  Dutch  magistrates  in  the  central  govern-  "^'^"^^^• 
ment,  there  was  little  to  show  that  the  territory  had 
changed  masters.  As  a  sign  of  EngHsh  supremacy, 
hovv^ever,  the  name  of  the  province  and  of  the  city 
was  changed  to  New  York  in  honor  of  the  proprietor. 
The  name  of  the  fort  was  changed  from  New 
Amsterdam  to  Fort  James.  Long  Island  with  Staten 
Island  was  made  a  shire,  and  called  "Yorkshire"; 
and  with  the  occupation  of  Fort  Orange,  that  place 
was  called  Fort  Albany,  a  name  derived  from  one  of 
the  titles  of  the  duke. 

The   boundaries  of  the  province  were   now  more  The  new 
clearly  defined  by   the  settlement  of  the  long-stand-  boundaries, 
ing  disputes  with  Connecticut.     To  that  colony  was 
given    the   territory  to   within   twenty    miles   of  the 

1  Brodhead,  II.  43;   Thompson,  98-II4. 


24  Government  of  New  York 

Hudson ;  and  it  in  turn  yielded  up  all  claim  to  the 
towns  in  eastern  Long  Island.  On  the  south, 
the  lands  between  the  Delaware  and  the  sea  were 
granted  to  new  proprietors,  Berkeley  and  Carteret, 
and  became  known  as  New  Jersey. 

10.     "The  Duke's  Laws" 

The  English        In  Organizing  his  new  province,  Governor  Nicolls 
Island^  found  little  difficulty  in  dealing  with  the  towns  on  the 

Hudson,  which  were  exclusively  Dutch,  and  which 
were  permitted  to  retain  their  Dutch  customs.  When 
he  turned  to  Long  Island  —  his  new  county  of  "  York- 
shire "  —  he  met  with  a  more  serious  problem.  There 
were  here  three  sets  of  towns  :  (i)  the  Dutch  towns  in 
the  west,  which  had  been  organized  upon  the  Dutch 
type ;  (2)  the  neighboring  Enghsh  towns,  which  had 
hitherto  been  subject  to  the  Dutch,  and  which  had 
been  organized  upon  what  we  might  call  a  Dutch- 
English  type ;  and  (3)  the  English  towns  in  the 
eastern  part  of  the  island,  which  had  been  subject  to 
Connecticut,  and  which  had  been  organized  upon  a 
purely  New  England  type.  It  was  the  English  ele- 
ment in  Long  Island  which  needed  now  to  be  paci- 
-  fied.  With  his  usual  adroitness,  he  assured  his 
English  subjects  that  they  should  have  "  equal  if  not 
greater  freedom  and  immunities  than  any  of  His 
Majesty's  colonies  in  New  England."  ^  He  then  com- 
piled a  body  of  laws,  based  upon  the  laws  of  Massa- 
chusetts and  Connecticut,  making  whatever  changes 
he  thought  desirable ;  and  took  steps  to  promulgate 
these  laws  to  the  people  of  Long  Island. 

1  Brodhead,  II.  66. 


New  York  as  an  English  Province  25 

For  this  purpose  he  called  upon  each  town  to  send  Meeting  at 
two  deputies  to  a  general  meeting  to  be  held  at  ^^"^p^^^^*^- 
Hempstead  (1665).  The  governor  submitted  his 
new  code,  as  substantially  the  laws  then  in  force  in 
New  England,  *'  but  more  liberal  in  matters  of  con- 
science." The  people  of  eastern  Long  Island  were 
dissatisfied  with  the  code,  since  it  contained  no  pro- 
vision for  the  election  of  provincial  officers  or  for  the 
voting  of  taxes  by  their  representatives.^  The  gov- 
ernor assured  the  people  that  he  had  been  as  liberal 
as  his  instructions  would  permit,  and  that  the  king 
only  had  power  to  give  them  a  greater  share  in  the 
government.  The  deputies  found  that  the  convention 
had  been  called,  not  to  make  laws,  but  to  accept  them  ; 
and  the  code  was  promulgated  as  the  laws  of  the 
province. 

This  body  of  laws,    compiled   by  Nicolls   and  his  The  first 
council,  became  known  as  "  The  Duke's  Laws."     It  ^^)^^°^^ 

code. 

was  the  first  New  York  code,  and  was  based,  with 
some  modifications,  upon  the  laws  of  New  England.^ 
Like  those  laws  it  was  arranged  in  alphabetical  order 
by  topics.  It  contained  provisions  relating  to  the 
government  of  the  towns,  the  organization  of  the 
courts  of  the  province,  and  provisions  regarding 
religion  and  certain  police  regulations. 

In  attempting  to  give  a  uniform  organization  to  the  Government 
towns  of  Long  Island,  the  governor  followed  more  <^^  ^^^^  ^o^ns. 

1  The  towns  of  eastern  Long  Island  were  Oyster  Bay,  Huntington, 
Setalcott  (Brookhaven),  Southokl,' Southampton,  and  Easthampton. 

2  McKinley,  in  American  Historical  Review,  vol.  VI.  p.  704, 
et  seq.;  Brodhead,  II.  70-73;  Thompson,  Loitg  Island  (ed.  1823), 
101-107;  Lamb,  I.  226-229.  For  copy  of  these  laws,  see  Neio  York 
Historical  Society  Collections^  I.  307-411. 


of  the  courts. 


26  Govciiiuient  of  New  York 

nearly  the  New  England  than  the  previous  Dutch 
type.  The  town-meeting  became  the  basis  of  the 
local  government.  It  was  authorized  to  elect  a  con- 
stable and  eight  overseers,  who  together  formed  a 
town  board  empowered  to  make  regulations  for  the 
good  government  of  the  town.  The  board  of  over- 
seers was  required  to  make  the  rates,  that  is,  to  assess 
the  taxes,  for  building  and  repairing  the  church,  for 
maintaining  the  minister,  and  for  the  support  of  the 
poor.  The  town  elections  were  not  as  heretofore  sub- 
mitted to  the  governor  for  his  approval. 
"Organization  The  courts  of  the  provinccs  were  now  the  town 
court,  the  court  of  sessions,  and  the  court  of  assize, 
(i)  The  town  court  was  composed  of  the  constable 
and  two  overseers,  having  jurisdiction  over  civil  cases 
under  five  pounds.  A  justice  of  the  peace  was  au- 
thorized, but  not  required,  to  preside  at  this  court. 
(2)  The  next  higher  court  was  the  court  of  sessions. 
For  judicial  purposes  Yorkshire  was  divided  into 
three  ''ridings"  after  the  manner  of  Yorkshire,  Eng- 
land. Generally  speaking,  the  east  riding  corre- 
sponded to  the  present  county  of  Suffolk ;  the  west 
riding  to  the  counties  of  Kings  and  Richmond ;  and 
the  north  riding  to  the  county  of  Queens.  A  high 
sheriff  was  appointed  over  the  whole  of  Yorkshire, 
and  justices  of  the  peace  for  each  of  the  ridings. 
These  justices  were  to  hold  a  court,  called  a  "court 
of  sessions,"  in  each  riding,  presided  over  by  the 
governor,  or  a  member  of  his  council.  (3)  The 
court  of  assize  was  the  highest  court  of  the  province, 
and  was  to  meet  at  New  York.  It  consisted  of  the 
governor,  his  council,  the  high  sheriff,  and  the  justices 
of  the  peace.     Besides  its  judicial  duties,  this  court 


New  York  as  an  English  Province  27 

was  invested  with  the  supreme  power  of  making, 
altering,  and  abolishing  any  laws  in  the  province.-^ 
As  the  subordinate  members  of  this  court  were  all 
appointed  by  the  governor,  it  was  in  no  proper  sense 
a  representative  body. 

With  a  population  made  up  of  various  sects —  Provisions 
Dutch,  Lutherans,  English  Puritans,  Episcopalians,  Jefig-on"^ 
Baptists,  Quakers,  and  others  — the  governor  could 
do  scarcely  less  than  to  tolerate  them  all.  No  one 
denomination  was  favored  more  than  another.  Every 
congregation  was  to  be  undisturbed,  and  the  law  pro- 
vided that  no  persons  should  ''  be  molested,  fined,  or 
imprisoned  for  differing  in  matters  of  religion,  who 
professed  Christianity."  But  the  governor  evidently 
believed  that  religion  of  some  sort  should  be  encour- 
aged. Every  parish  was  obhged  to  have  a  church ; 
and  a  regularly  ordained  minister  was  to  be  supported, 
who  was  expected  to  preach  every  Sunday,  and  to 
pray  for  the  king,  queen,  Duke  of  York,  and  the 
royal  family .^ 

Besides  these  provisions  there  were  other  laws  in  Misceiia- 
the  duke's  code  relating  to  military  duty;  capital  "^°"sprovi- 
crimes ;  the  administration  of  estates ;  the  boundary 
of  towns ;  weights  and  measures  ;  the  destruction  of 
wolves  ;  the  duty  of  innkeepers  ;  provisions  for  a  pair 
of  stocks  and  a  pound  in  each  town,  and  a  pillory  in 
each  place  where  the  courts  of  sessions  were  held. 
The  code  promulgated  at  Hempstead  formed  the 
fundamental  laws  of  the  province.  It  was  intended 
especially  for  the  towns  of  Long  Island,  and  was  not 
immediately  applied  to  the  Dutch  towns  on  the 
Hudson. 

1  Brodhead,  II.  63;  Thompson,  110-114.  2  Brodhead,  IL  72, 


sions. 


28  Government  of  Neiv  York 

New  York  The    iiiost   important   political   change  which    oc- 

^^^'  currecl  after  the  publication  of  the  *'  Duke's  Laws  " 

was  the  reorganization  of  the  government  of  New 
York  City.  The  city  had  been  governed  by  the 
Dutch  schout,  burgomasters,  and  schepens  for  nearly 
a  year,  when  the  governor  decided  to  introduce  the 
English  form.  He  then  announced  that  the  future 
government  of  the  city  would  be  in  the  hands  of  a 
mayor,  five  aldermen,  and  a  sheriff,  ''according  to  the 
custom  of  England."  ^  This  change  was  largely  a 
mere  change  of  names.  Although  the  new  officials 
were  Englishmen,  they  continued  to  exercise  under 
the  name  of  "  Mayor's  Court "  nearly  the  same  func- 
tions as  their  Dutch  predecessors  had  done,  Dutch 
forms  continued  to  be  practised  in  the  court,  the 
chief  innovation  being  the  introduction  of  the  Eng- 
lish trial  by  jury. 

II.     The  Assembly  of  1683 

Dongan  and  The  towns  of  Ncw  York  by  obtaining  the  free 
his  mstruc-  choicc  of  their  own  officers  had  now  acquired  a  larger 
degree  of  liberty  than  they  had  enjoyed  under  the 
Dutch  rule.  But  the  people  had  as  yet  obtained  no 
voice  in  the  general  government  of  the  province,  and 
their  rights  as  subjects  had  not  been  secured  by  a 
fundamental  law.  The  right  of  religious  freedom 
and  the  trial  by  jury  were  based  merely  upon  the 
law  issued  by  the  governor.  The  appointment  of 
Governor  Dongan  in  1683  marks  the  transition  to 
a  new  period  in  which  the  people  were  permitted 
to   take   another   step   in   the   direction  of   political 

1  Brodhcad,  II.  75 ;   Lamb,  I.  230. 


tions. 


New  York  as  an  English  Province  29 

liberty.  Governor  Dongan  is  described  as  *'  a  man 
of  integrity,  moderation,  and  genial  manners,"  and 
was  well  fitted  to  preside  over  a  freer  government. 
But  the  political  reform  did  not  proceed  from  Dongan, 
but  from  the  proprietor  himself.  From  some  cause 
which  is  not  clearly  explained  —  perhaps  from  the 
desire  of  his  subjects,  perhaps  from  the  example 
of  other  colonies  —  the  Duke  of  York  decided  to  give 
to  the  people  of  New  York  a  representative  govern- 
ment. He  accordingly  gave  to  the  governor  instruc- 
tions to  call  a  general  assembly,  the  members  of 
which  were  to  be  chosen  by  the  people,  and  were  to 
consult  with  the  governor  and  his  council  in  the  mak- 
ing of  laws  for  the  good  government  of  the  colony.^ 
The  laws  made  by  the  assembly  were  to  be  sub- 
mitted to  the  governor,  who  could  approve  or  deny 
them.  The  laws  approved  by  the  assembly  and 
governor  were  to  remain  in  force,  unless  specially 
disapproved  by  the  duke.  These  instructions  to 
Governor  Dongan  furnished  the  basis  of  a  freer  gov- 
ernment than  the  colony  had  ever  before  possessed. 

In  accordance  with  these  instructions,  the  first  New  The  first 
York  assembly  met  on  October    17,    1683.     It  was  assemWy 
made  up  of  eighteen  representatives  from  the  differ-  1683. 
ent  localities  of  the  colony.     There  were  two  repre- 
sentatives from  each  of  the  ridings  of  Long  Island ; 
from  Staten   Island,   one ;  from   Esopus,   two  ;  from 
Albany   and    Rensselaerwick,    two ;    from    Schenec- 
tady,  one ;    from    Pemaquid  (in  Maine),    one ;    from 
Martha's  Vineyard  and  Nantucket,  one ;   from  New 
York  and  Haerlem,  four.     The  assembly  met  in  the 
city  of  New  York,  and  proceeded  to  enact  the  first 

1  Brodhead,  II.  372. 


30  Gove7'nnient  of  New  York 

body  of  laws  ever  made  by  the  people  of  the  colony.^ 
Although  the  Dutch  people  had  the  majority  of  votes 
in  the  assembly,  the  laws  embodied  not  only  the 
Dutch  principle  of  religious  freedom,  but  some  of  the 
best  features  of  the  English  constitution. 
"Charter of  The  first  and  most  important  of  these  laws  was 
known  as  the '' Charter  of  Liberties."  This  had  all 
the  character  of  a  constitutional  law,  since  it  estab- 
lished a  form  of  government,  and  guaranteed  certain 
fundamental  rights  to  the  people.  The  supreme  legis- 
lative authority  under  the  king  and  the  Duke  of 
York  was  declared  to  be  vested  in  the  governor,  coun- 
cil, and  the  people  met  in  a  general  assembly.  The 
members  of  the  assembly  were  to  be  elected  by  the 
freeholders ;  and  sessions  were  to  be  held  at  least 
once  in  three  years,  according  to  the  practice  of  Eng- 
land. The  assembly  was  to  be  the  judge  of  the 
qualifications  of  its  own  members ;  and  the  members 
were  to  be  free  from  arrest  during  the  sessions.  Not 
only  did  this  charter  establish  in  New  York  a  true 
representative  government,  it  also  granted  to  the 
people  the  most  sacred  constitutional  rights  possessed 
by  Englishmen,  and  some  of  these  were  expressed 
in  nearly  the  words  of  Magna  Charta.  It  provided 
(i)  that  no  freeman  should  be  taken  and  impris- 
oned, or  deprived  of  his  freehold  or  liberty,  but  by 
the  law  of  the  land ;  (2)  that  no  tax  of  any  kind  should 
be  laid  upon  the  people  except  with  the  consent  of 
the  people  met  in  their  general  assembly;  (3)  that 
all  trials  should  be  by  a  jury  of  twelve  men;  and  in 
criminal  cases  the  trial  should  be  preceded  by  an 
indictment   by  a  grand  jury.     Besides  the  sanction 

1  Brodhead,  II.  382;   Lamb,  I.  300-304;  Thompson,  124-126. 


Nezv  York  as  an  English  Province  3 1 

given  to  these  civil  rights,  the  principle  of  religious 
liberty  was  reaffirmed ;  and  no  person  professing 
Christianity  and  not  actually  disturbing  the  public 
peace  could  be  punished  or  molested  in  any  way. 
From  the  words  of  this  charter,  New  York  had  reason 
to  believe  that  it  was  to  have  the  freest  government 
of  all  the  American  colonies.^ 

To  afford  a  proper  basis  for  representation,  the  Erection  of 
province  was  now  for  the  first  time  divided  into  shires  ^o^"^^^^- 
or  counties,  according  to  the  English  form.  The 
whole  territory  was  subdivided  into  twelve  counties. 
The  twelve  original  counties  may  be  grouped  as  fol- 
lows:  three  in  Long  Island — Kings,  Queens,  and 
Suffolk ;  four  on  the  lower  Hudson  —  New  York, 
Richmond,  Westchester,  and  Orange ;  three  on  the 
upper  Hudson  —  Ulster,  Dutchess,  and  Albany;  and 
two  in  the  outlying  dependencies  —  Dukes  county 
(including  Nantucket  and  Martha's  Vineyard)  and 
Cornwall  (including  Pemaquid  and  the  adjacent  coun- 
try in  the  province  of  Maine).  The  county  was  made 
the  basis,  not  only  of  representation,  but  also  of  judi- 
cial administration.^ 

The  courts  of  the  province  now  received  a  some-  New  judicial 
what  more  complete  organization,  (i)  The  lowest  ^''g^^'^ation. 
court  was  as  hitherto  the  town  court,  for  the  trial  of 
small  causes,  to  be  held  monthly  by  three  commission- 
ers of  the  peace,  with  or  without  a  jury  as  the  parties 
desired.  (2)  The  county  courts  took  the  place  of  the 
previous  "  ridings  "  court,  and  included,  first,  the  court 
of  sessions,  to  be  held  quarterly  or  twice  a  year  by 
three  or  more  justices  of  the  county,  for  the  trial  of 

1  Brodhead,  II.  383.     See  Appendix,  this  volume,  p.  240. 

2  Brodhead,  II.  385. 


32 


Government  of  New  York 


Naturaliza- 
tion law. 


The  charter 
signed. 


criminal  and  more  important  civil  cases,  with  a  jury ; 
and,  second,  a  court  of  general  jurisdiction,  called  the 
court  of  Oyer  and  Terminer,  to  be  held  once  a  year 
by  a  judge  and  four  justices,  and  to  hear  and  deter- 
mine cases  brought  from  the  lower  courts.  (3)  The 
court  of  chancery  formed  the  supreme  court  of  the 
province ;  it  was  held  by  the  governor  and  his  coun- 
cil, although  the  governor  could  appoint  a  chancellor 
to  act  in  his  stead. ^ 

That  the  people  might  know  who  were  entitled  to 
the  political  and  civil  rights  of  the  province,  a  general 
naturalization  law  was  passed.  This  law  provided 
that  all  the  actual  inhabitants  of  the  province,  of  what- 
ever nationahty,  who  professed  Christianity,  and  who 
had  taken  or  should  take  the  oath  of  allegiance, 
should  be  naturalized,  and  be  entitled  to  the  protec- 
tion and  privileges  of  the  government.^ 

In  the  light  of  subsequent  events,  it  is  important  to 
notice  that  the  Charter  of  Liberties  was  duly  signed 
by  the  Duke  of  York ;  and  that  it  received  all  the 
official  sanction  necessary  to  give  to  it  the  full  force 
of  law.  It  was  as  vaHd  a  guarantee  of  constitutional 
rights  to  the  people  of  New  York  as  was  Magna 
Charta  to  the  people  of  England.^  Although  it  was 
signed  and  sealed  and  considered  as  being  in  full 
force  in  the  province,  it  was  not  formally  delivered  to 
the  authorities  in  New  York,  and  upon  this  technical 
defect  was  afterward  based  a  long  series  of  misunder- 
standings and  disputes. 

1  Brodhead,  II,  386;  Thompson,  125-132.  For  copy  of  the  act, 
see  New  York  Revised  Laws,  18 ij,  II.  App.  4. 

2  Brodhead,  II.  386. 

s  Brodhead,  II.  416,  note. 


New  York  as  an  English  Province  33 

12.     New  York  as  a  Royal  Province 

By  the  death  of  Charles  II.  (1685)  the  proprietor  of  Repeal  of  the 
New  York  became  the  king  of  England  under  the  ^^^^^^^^• 
name  of  James  11. ,  and  the  proprietary  colony  became 
a  royal  province.  The  liberal  policy  pursued  by 
James  while  he  was  proprietor  was  abandoned  as 
soon  as  he  became  king.  The  charter  given  to  New 
York,  which  he  had  signed  but  which  had  not  been 
delivered,  he  soon  revoked.^  The  assembly  was  dis- 
solved ;  and  the  supreme  power  in  the  province  was 
once  more  placed  in  the  hands  of  the  governor  and 
his  council.  The  fidelity  which  Dongan  showed  to 
James  as  proprietor,  he  continued  to  show  to  him  as 
king,  and  faithfully  carried  into  execution  the  royal 
will.  After  a  brief  experience  of  two  years.  New 
York  was  thus  obliged  to  give  up  her  representative 
assembly  and  her  political  freedom. 

The  new  policy  of  James  was  to  consolidate  the  New  colonial 
colonies,  and  bring  them  more  directly  under  the  P^'^^* 
royal  power.  He  united  the  New  England  colonies 
under  the  supreme  control  of  Andros,  formerly  gov- 
ernor of  New  York,  and  forbade  their  assemblies. 
He  also  joined  New  York  to  New  England  under  the 
same  governor,  who  was  authorized,  with  the  consent 
of  a  council  appointed  by  the  crown,  to  make  laws, 
levy  taxes,  and  to  govern  the  whole  territory.  The 
authority  of  the  governor  was  supported  by  a  body 
of  regular  soldiers.  The  seal  of  New  York  was  de- 
stroyed ;  and  in  place  of  Dongan,  a  Captain  Nichol- 
son was  appointed  as  Heutenant  governor.^ 

1  Brodhead,  II.  421-423,  453;   Lamb,  I.  315. 

2  Brodhead,  II.  447-451;   Lamb,  I.  327,  32S. 
D 


34  Government  of  Neiv  York 

English  The  tyrannical  policy  of  James  aroused  opposition, 

and  LeTs^er's  ^^^^  ^^^^^  "^  America,  but  also  in  England ;  and  he 
rebellion.  was  Called  upon  to  abdicate  his  throne  (1688).  Will- 
iam, Prince  of  Orange  and  stadtholder  of  Holland, 
was  then  called  upon  to  take  the  crown  and  to  rule 
as  a  constitutional  king.  This  revolution  in  England 
was  followed  by  a  rebellion  in  the  colonies.  Andros 
was  driven  from  Boston,  and  the  authority  of  Nichol- 
son was  disputed  in  New  York.  In  this  crisis  Jacob 
Leisler,  a  patriotic  German  with  perhaps  more  zeal 
than  judgment,  appeared  as  the  defender  of  the  people, 
and  was  recognized  by  his  followers  as  lieutenant 
governor  in  place  of  Nicholson.^  It  is  interesting  to 
know  that  Leisler,  in  order  to  resist  an  invasion 
by  the  French,  called  the  first  general  congress 
of  the  colonies  to  meet  in  New  York  (1690).  While 
Leisler  was  trying  to  maintain  his  authority,  the  new 
king  appointed  William  Sloughter  as  governor  of 
New  York,  with  instructions  to  revive  the  assemblies 
of  the  people,  which  should  assist  the  governor  and 
council  in  making  laws.  Before  the  arrival  of  Slough- 
ter, Leisler  indiscreetly  fired  upon  the  king's  troops 
sent  to  take  possession  of  the  province,  which  act  laid 
him  open  to  the  charge  of  treason,  and  resulted  in  his 
execution. 
Assembly  of  Upon  his  arrival  Governor  Sloughter  took  imme- 
^^^^*  diate  steps  to  call  an  assembly  (1691).     The  rights 

of  the  people  seemed  again  about  to  be  recognized. 
The  assembly  testified  to  its  loyalty  to  the  new  king, 
and  declared  the  colonial  laws  of  James  II.  to  be  void, 
and  contrary  to  the  constitution  of  England.  The 
most  important  act  of  this  assembly  was  to  reaffirm 

1  Brodhead,  11.  564  et  seq.;  Lamb,  I.  chs.  19,  20. 


New  York  as  a7i  EnglisJi  Province  35 

the  "Charter  of  Liberties."^  Although  this  act  was 
not  formally  approved  by  the  king,  the  people  re- 
garded it  as  the  expression  of  their  just  and  constitu- 
tional rights,  which  they  had  no  disposition  to  forfeit. 

The  form  of  the  government  estabhshed  by  WilHam  The  people 
III.  continued  with  little  change  until  the  Revolution.  ^J^yJ/nor 
The  assembly  chosen  by  the  people  represented  their 
rights  and  claims ;  the  governor  and  the  council  ap- 
pointed by  the  king  represented  his  policy.  It  re- 
mained an  open  question  between  the  people  and  the 
governor  as  to  how  far  the  Hberties  declared  by  the 
charter  of  1683  and  reaffirmed  by  the  assembly  of 
1 69 1  were  to  be  respected  as  constitutional  rights. 
It  was  upon  the  question  of  taxation  that  these  dis- 
putes were  most  serious  and  violent ;  and  it  was  upon 
this  question  that  the  War  of  the  Revolution  was 
finally  fought. 

13.     Review  of  the  Provincial  Government 

We  may  now  briefly  review  the  government  of  The  central 
New  York  which  existed  at  the  close  of  the  colonial  s^^^^""^^"*. 
period,  and  which  became  the  basis  of  later  consti- 
tutional changes.  The  ultimate  sovereignty  rested 
in  the  English  king  and  parliament,  whence  all  po- 
litical power  was  derived.  The  central  government 
of  the  province  was  vested  in  the  governor,  the 
council,  and  the  assembly,  (i)  The  governor  was 
appointed  by  the  king ;  he  was  the  head  of  the  gov- 
ernment, the  commander-in-chief  of  the  army,  and 
had  the  power  of  pardon ;  he  represented  the  royal 
will  in  all  legislative,  executive,  and  judicial  matters. 
(2)  The  council    consisted  of   twelve   members,  and 

1  Brodhead,  II.  645. 


36  Governnie7it  of  New  York 

was  appointed  by  the  governor,  with  the  king's 
approval ;  it  advised  with  the  governor  in  the  ap- 
pointment of  all  provincial  officers  and  in  the  dis- 
posal of  all  public  moneys ;  it  possessed  legislative 
authority  coordinate  with  the  assembly ;  and  also 
formed  a  court  of  last  resort.  (3)  The  assembly 
was  elected  by  the  freeholders  of  the  several  coun- 
ties, and  was  coordinate  with  the  council  in  matters 
of  legislation  ;  at  first  it  sat  at  the  governor's  pleasure, 
but  afterward  (1737)  the  law  prescribed  triennial,  and 
finally  (1743)  septennial  elections.  The  governor 
possessed  an  absolute  veto  upon  all  laws  passed  by 
the  assembly  and  council ;  and  also  had  the  power  of 
proroguing  and  dissolving  the  assembly  at  his  will. 
The  local  The  local  governments  of  the  province  consisted  of 

mentT"  ^^  towns  and  the  counties,     (i )  The  town  was  largely 

a  self-governing  community,  electing  its  own  constable 
and  overseers.  The  duties  of  the  original  overseers 
passed  into  the  hands  of  special  officers  —  the  super- 
visor, the  town  clerk,  the  overseers  of  the  poor,  and 
the  assessors.  The  town  not  only  elected  its  own 
officers,  but  was  authorized  to  pass  certain  regulations 
relating  to  its  local  affairs.  (2)  The  county  was  a 
group  of  towns,  and  a  subdivision  of  the  province. 
It  was  in  no  sense  a  self-governing  community.  Its 
only  proper  officers  were  of  a  judicial  character,  the 
sheriff  and  the  justices,  who  were  appointed  by  the 
governor  and  council.  For  the  purpose  of  building 
and  repairing  the  courthouse  and  the  county  jail,  it 
came  to  be  customary  for  the  supervisors  of  the  sev- 
eral towns  to  meet  together  to  distribute  or  equalize 
the  rates  among  the  towns  of  the  county.  From  this 
custom,  as  we  shall  see,  arose  the  more  extensive 
functions  of  the  present  board  of  supervisors. 


^  New  York  as  mi  EiiglisJi  Province  37 

The  judicial  system  now  comprised  the  following  The  judicial 
courts:  (i)  a  supreme  court  with  civil  and  criminal  ^>'^^^"^' 
jurisdiction,  the  justices  of  which  held  circuit  courts 
with  commission  of  oyer  and  terminer  in  the  several 
counties;  (2)  a  court  of  common  pleas  and  a  court 
of  sessions  in  each  county;  (3)  a  court  of  the  mayor 
and  aldermen  in  each  of  the  cities  of  New  York  and 
Albany ;  and  (4)  justices'  courts  in  the  towns  with 
jurisdiction  in  small  cases.  Besides  these  ordinary 
courts,  the  governor  and  council  formed  a  court  of 
chancery,  the  duties  of  which  were  sometimes  exer- 
cised by  the  governor  alone,  or  by  an  officer  ap- 
pointed by  him.  The  appointment  of  all  judicial 
officers  was  made  by  the  governor  with  the  consent 
of  the  council. 

From  these  statements  it  is  evident  to  what  extent  The  rights  of 
the  people  of  New  York  possessed  political  rights.  ^'^^P^opi^- 
They  elected  their  own  town  officers  and  had  a  cer- 
tain control  over  their  local  affairs.  They  elected 
their  rej^resentatives  to  the  general  assembly ;  but 
their  legislative  power  was  restricted  by  the  absolute 
veto  of  the  governor.  They  had  no  voice  in  the  elec- 
tion of  the  governor,  or  of  the  members  of  the  coun- 
cil, or  of  any  of  the  provincial  officers,  executive  or 
judicial.  Their  civil  rights  were  not  secured  by  any 
fundamental  law  having  the  unqualified  sanction  of 
the  sovereign  power.  Their  claims  to  a  larger  free- 
dom were  based  mainly  upon  their  own  declaration 
of  rights  and  their  own  sense  of  justice;  and  it  was 
to  obtain  this  larger  freedom,  and  especially  the  right 
to  be  taxed  only  by  their  own  representatives,  that 
they  joined  with  the  other  colonies  in  the  War  of  the 
Revolution. 


CHAPTER   III 

NEW  YORK  AS  AN  AMERICAN  STATE 

14.    References 

General  references :  —  Roberts,  Neiv  York,  II.  ch.  23, "  Constitutions 
and  Jurisprudence"  ;  Sterne,  Constitutional  History  and  Political 
Development  of  the  United  States,  ch.  VII.,  "  The  State  Constitutions  " ; 
■"^^ammond,  History  of  Political  Parties  ift  the  State  of  N'ew  York, 
3  vols,  (third  vol.,  Life  of  Silas  IVri^/it)  ; 'Werner,  Civil  List  and  Con- 
stitutional History  of  N'ew  York  State ;  ^'BxxiXef,  "Outlines  of  the 
Constitutional  History  of  New  York  "  (in  New  York  Historical  Society 
Collections,  new  series,  vol.  I.)  ;  Dougherty,  "  Constitutions  of  the  State 
of  New  York "  (in  Political  Science  Quarterly,  III.  488,  IV.  230) ; 
Jameson,  Constitutional  Conventions,  pp.  136-138  (on  the  Conventiuu 
of  1777);  Mather,  "First  Constitution  of  New  York  State"  (in 
Magazine  of  American  Plistory,  XVII.  310);  Niles  Register,  XXI.  205, 
XXIII.  172  (the  Constitution  of  1821);  Democratic  Review,  XIX.  339V 
(on  the  Constitution  of  1846);  Gitterman,  "Council  of  Appointment 
in  New  York  "  (in  Political  Science  Quarterly,  VII.  80)  ;  Street,  Coun- 
cil of  Revision  of  the  State  of  New  York. 

Documentary  sources :  — Journal  of  the  Provincial  Cotigress,  Provin- 
cial Convention,  Conunittee  of  Safety  and  Council  of  Safety,  lyj^-iyyy, 
2  vols.;  Poore,  Charters  and  Constitutions,  y>V'  1 328-1 378;  Hastings, 
Public  Papers  of  George  Clinton,  4  vols.;  Report  of  the  Proceedings  and 
Debates  of  the  Convention  of  182 1 ;  Debates  and  Proceedings  of  the 
Constitutional  Cojivention,  1846 ;  Bishop  and  Attree,  Report  of  the 
Debates  and  Proceedings  of  the  Convention  for  the  Revision  of  the  Con- 
stitution, 184b ;  Underhill,  Proceedings  and  Debates  of  the  Constitu- 
tional  Conventio?i,  i86y-i86S,  5  vols. ;  Journal  of  the  Convention  of 
the  State  of  Neio  York,  186^-1868 ;  Docuvients  of  the  Convention  of 
the  State  of  Neiu  York,  5  vols.;  Convention  Mattual  of  the  Sixth 
Constitutional  Convention  oj  the  State  of  New  York,  i8g4,  9  vols.; 
Documents  of  the  Nezv  York  Constitutional  Convention,  i8g4,  2  vols. ; 
Journal  of  the  Constitutional  Convention  of  New  York,  i8g4,  2  vols.; 
Revised  Record  of  the  Constitutional  Co7ivention  of  i8g4,  5  vols. 

38 


Nezv  York  as  an  Ajnerican  State  39 

15.     The  First  State  Constitution,   1777 

Whatever  crude  democratic  ideas  may  have  existed  significance 
in  the  colonial  government  under  the  Dutch  and  the  Revolution 
English,  it  was  the  Revolution  that  resulted  in  found- 
ing a  true  democratic  government,  based  upon  the 
will  of  the  people.  The  Revolution  began  as  the 
assertion  of  the  rights  of  Englishmen  against 
the  arbitrary  acts  of  the  English  crown ;  it  ended 
with  the  establishment  of  the  right  of  Americans  to 
make  their  own  government.  The  great  political 
significance  of  that  war  was  the  transference  of  the 
sovereign  power  from  the  English  king  and  parlia- 
ment to  the  people  of  the  United  States.  The  people 
of  New  York,  like  the  people  of  the  other  colonies, 
believed  that  the  English  parliament  had  no  right  to 
tax  them  without  their  own  consent.  They,  therefore, 
fought  the  English  government  in  order  to  defend  a 
principle  of  the  English  constitution.  By  that  strug- 
gle they  showed  that  the  principles  of  human  freedom 
belong  exclusively  to  no  country,  but  are  the  rightful 
possession  of  that  people  who  have  the  courage  and 
wisdom  to  maintain  them.  We  are  now  to  see  how 
poHtical  liberty  came  to  be  secured  by  methods  which 
were  neither  Dutch  nor  English,  but  which  must  be 
considered  as  distinctively  American. 

When  they  entered  upon  the  struggle  for  independ-  New  York 
ence,  the  colonies  placed  themselves  under  the  gen- 
eral control  of  the  Continental  Congress ;  and  each 
colony  was  left  to  manage  its  own  affairs.  In  the 
place  of  the  old  colonial  assembly.  New  York  now 
established  temporarily  a  new  representative  body, 
called  the  Provincial  Congress.     This  was  made  up 


provincial 
congress. 


40 


Government  of  Nezv  York 


The  first 
constitu- 
tional con- 
vention, 
1776-1777. 


Character  of 
the  first  con- 
stitution. 


of  representatives  chosen  from  the  various  counties, 
and  was  vested  with  the  power  to  aid  in  carrying  on 
the  war. 

The  Continental  Congress,  then  sitting  at  Phila- 
delphia, seeing  that  no  reconciliation  with  Great 
Britain  was  possible,  recommended  (May  10,  1776) 
to  the  several  colonies  "to  adopt  such  government 
as  should,  in  the  opinion  of  the  representatives  of 
the  people,  best  conduce  to  the  happiness  and  safety 
of  their  constituents  in  particular,  and  America  in 
general."  ^  New  York  followed  this  suggestion  ;  and 
the  first  constitutional  convention  was  called  to  form  a 
more  permanent  government.  The  convention  met  at 
White  Plains  (July  9,  1776)  ;  but  disturbed  by  the  mil- 
itary operations  on  the  Hudson,  it  shifted  from  place 
to  place,  until  it  finally  completed  its  work  at  Kingston 
(April  20,  1777). 

The  constitution  framed  by  this  convention  was 
drawn  up  by  John  Jay,  and  ''  was  at  that  time 
generally  regarded  as  the  most  excellent  of  all  the 
American  constitutions."  ^  It  did  not  attempt  to 
destroy  the  political  institutions  with  which  the 
people  had  been  familiar  and  to  create  an  entirely 
new  form  of  government.  It  was  rather  an  attempt 
to  place  the  old  colonial  government  upon  a  popular 
basis  —  retaining  what  was  consistent  with  this  pur- 
pose, and  changing  only  what  was  necessary.  The 
sovereign  power  which  had  hitherto  been  vested  in 
the  king  and  parliament  was  now  vested  in  the  people 
of  the  State.    The  convention  declared  first  of  all  that 


1  Jameson,  Constitutional  Conventions,  p.  1 15;  Joiirnal  of  the  Con- 
tinental Congress,  II.  158,  166. 
^  Jameson,  p.  137. 


Nezv   York  as  an  American  State  41 

"no  authority  should  be  exercised  over  the  people, 
except  such  as  was  derived  from  and  granted  by 
them."  It  ratified  the  Declaration  of  Independence 
passed  by  the  Continental  Congress,  which  asserted 
that  all  men  are  created  equal  and  are  endowed  with 
the  inalienable  rights  of  Hfe,  liberty,  and  the  pursuit 
of  happiness.  It  reaffirmed  the  principles  con- 
tained in  the  ''  Charter  of  Liberties,"  enacted  by  the 
assemblies  of  1683  and  1691.  No  person  was  to  be 
disfranchised  or  deprived  of  his  rights  except  by  the 
law  of  the  land  and  the  judgment  of  his  peers. 
Religious  liberty  was  assured  to  all  men  without 
discrimination  or  preference. 

The  chief  work  of  the  convention  was  to  recast  the  The  new 
existing  forms  of  the  government  and  to  place  them  ^^^^  ^'^^^^' 
upon  a  popular  basis. ^  The  legislature  was  made  to 
consist,  as  heretofore,  of  two  houses,  (i)  The  assem- 
bly, which  had  already  been  a  representative  body, 
was  to  remain  a  representative  body.  It  was  to 
consist  of  seventy  (70)  members,  elected  annually 
by  the  different  counties,  and  apportioned  accord- 
ing to  population.  The  voters  for  members  of  the 
assembly  must  either  own  a  freehold  estate  worth 
twenty  pounds  ($100),  or  pay  an  annual  rent  of 
forty  shillings  ($10).  (2)  The  legislative  council, 
the  members  of  which  had  previously  been  appointed 
by  the  governor,  was  changed  into  an  elective  body, 
called  the  senate.  It  was  to  consist  of  twenty-four 
(24)  members,  elected  for  four  years,  one-fourth  of 
the  number  being  elected  every  year.     For  the  pur- 

1  For  an  account  of  this  convention,  see  Debates  of  the  New  York 
Cojivention,  182 1,  App.  pp.  691-696;  also  Hammond,  History  of 
Political  Parties  in  the  State  of  New  York,  II.  ch.  27. 


42  Govej'nment  of  Nciv  York 

pose  of  election,  the  whole  State  was  divided  into 
four  senatorial  districts.  A  person  to  vote  for  a 
senator  must  possess  a  freehold  estate,  worth  one 
hundred  pounds  (^500).  The  two  houses  thus  con- 
stituted were  vested  with  the  same  privileges  as  had 
belonged  to  the  colonial  assembly  —  the  right  to  elect 
their  own  officers,  to  judge  of  the  qualifications  of 
their  members,  and  to  make  their  own  rules. 
The  office  of  Of  all  the  fcaturcs  of  the  old  colonial  system,  the 
governor.  office  of  govcmor  was  most  repugnant  to  the  people. 
He  had  been  appointed  by  the  king,  and  he  had  in 
turn,  with  his  council,  appointed  all  subordinate  officers. 
He  could  dissolve  the  assembly  at  his  will,  and  he  pos- 
sessed an  absolute  veto  upon  all  legislation.  In  order 
to  make  the  governor  the  agent  of  the  people,  the 
new  constitution  provided  that  he  should  be  elected, 
once  every  three  years,  by  the  freeholders  of  the 
State  —  the  voters  having  the  same  qualification  as 
those  voting  for  senators.  The  governor,  as  here- 
tofore, was  to  be  the  executive  head  of  the  State,  and 
the  commander-in-chief  of  the  militia.  But  his  power 
over  the  legislature  was  very  much  restricted.  He 
could  call  together  that  body  only  on  extraordinary 
occasions,  and  prorogue  it  for  a  period  not  to  exceed 
sixty  days.  The  veto  power  and  the  power  to  make 
appointments  —  the  chief  instruments  of  his  despotic 
authority  —  were  entirely  taken  away  from  him.^ 
The  qualified  In  placc  of  the  absolute  veto  previously  exercised 
veto  power—  ^^    ^^^  colonial  sfovernor,  a  qualified  veto  power  was 

council  of  re-       -^  ^  '         t.  r 

vision.  invested   in    a   new   board,    called    the    "  council   of 

revision."       This  board  consisted  of   the   governor, 

1  The  governor  was  to  be  assisted  by  a  lieutenant  governor,  Wcio  was 
to  preside  over  the  senate. 


New   York  as  an  American  State  43 

the  chancellor,  and  the  judges  of  the  supreme  court 
—  any  three  of  them  with  the  governor  constituting 
a  quorum.  The  purpose  of  this  board  was  to 
prevent  hasty  legislation,  without  exercising  the 
absolute  power  possessed  by  the  colonial  governor. 
It  could  veto  a  bill  by  returning  it  to  the  legislature 
with  any  objections  it  thought  proper  to  make.  But 
a  bill  thus  vetoed  could  still  be  passed  by  a  two-thirds 
vote  of  both  houses.  If  a  bill  was  not  returned  to  the 
legislature  by  the  council  within  ten  days  it  became  a 
law  —  unless  the  legislature  adjourned  within  that 
time.^ 

The  power  of  making  appointments  was  also  taken  Council  of 
away  from  the  governor,  and  placed  in  the  hands  of  ^PP°i"^"^e"^ 
aboard,  called  the  "council  of  appointment."  This 
consisted  of  four  senators,  presided  over  by  the  gov- 
ernor. It  could  appoint  all  officers  throughout  the 
State  —  except  those  provided  for  in  the  constitution, 
namely  (i)  the  governor  and  lieutenant  governor, 
elected  by  the  people;  (2)  the  State  treasurer,  elected 
by  the  legislature;  (3)  subordinate  judicial  officers, 
Hke  clerks  and  attorneys,  appointed  by  the  courts  in 
which  they  served ;  and  (4)  town  officers,  who  were 
still  to  be  elected  by  the  people  in  the  several  towns. 

The  judicial  system  remained  substantially  as  it  court  of 
had  been  in  the  later  colonial  period.  There  was,  errors, 
however,  established  a  new  court  for  the  trial  of  im- 
peachments and  the  correction  of  errors,  known  as 
the  ''court  of  errors."  It  formed  a  sort  of  court 
of  appeals,  re\aewing  cases  brought  from  the  lower 
courts.     It  consisted  of  the  president  of  the  senate, 

1  This  idea  of  a  qualified  veto  furnished  the  model  for  other  States, 
and  perhaps  also  indirectly  for  the  Federal  Government. 


44 


Government  of  Nezv  York 


The  new 
government. 


Adoption  of 
the  Federal 
Constitution. 


the  senators,  the  chancellor,  and  the  judges  of  the 
supreme  court,  or  the  major  part  of  them. 

These  were  the  most  important  changes  in  the 
colonial  government,  made  by  the  first  constitutional 
convention  of  New  York.^  But  they  were  sufficient 
to  transform  a  royal  province  into  a  democratic  State. 
With  the  adoption  of  the  new  constitution  the  con- 
vention appointed  a  ''  council  of  safety  "  to  carry  on 
the  government  until  the  new  assembly  could  be 
elected.  Before  its  adjournment,  the  convention 
also  assumed  the  power  to  appoint  the  senators  and 
assemblymen  to  represent  the  counties  of  New  York, 
Kings,  Queens,  and  Suffolk — where,  on  account  of  the 
war,  it  was  impossible  to  hold  elections.  The  first 
regular  election  occurred  in  June,  1777,  when  George 
CHnton  was  chosen  the  first  governor  of  the  State. 

New  York  was  now  an  independent  State,  with  a 
government  of  its  own,  based  upon  a  constitution 
made  by  the  representatives  of  the  people.  The 
State  joined  with  the  other  States  under  the  Conti- 
nental Congress  to  carry  on  the  War  of  Independence. 
It  afterward  entered  into  the  Confederation  which 
was  formed  to  bring  the  several  States  together  under 
a  more  permanent  government.  But  the  weakness 
of  the  Confederation  made  it  clear  that  a  stronger 
union  was  necessary  ;  and  that  this  could  be  brought 
about  only  by  recognizing  a  sovereignty  higher  than 
that  of  any  individual  State.  A  Federal  Constitution 
was  therefore  framed  (1787),  based  upon  the  sover- 
eignty of  the  whole  American  people.  The  weighty 
reasons  why  the  people  of  New  York  should  accept 

1  For  the  text  of  the  constitution  of  1777,  see  Poore,  Charters  and 
Constitutions,  pp.  1328-1340. 


New  York  as  an  American  State  45 

this  constitution  were  set  forth  in  a  series  of  papers 
written  by  Alexander  Hamilton,  John  Jay,  and  James 
Madison,  under  the  name  of  the  "  Federalist."  By 
the  adoption  of  this  constitution  (1788),  New  York 
became  a  part  of  the  larger  nation.  The  sovereignty 
of  the  people  of  the  State  became  merged  in  the 
sovereignty  of  the  people  of  the  United  States.  Its 
government  and  its  constitution  became  limited  by 
the  higher  constitution  of  the  Federal  republic.  But 
in  those  respects  in  which  the  powers  of  the  State 
were  not  restricted  by  the  Federal  Constitution  the 
people  were  still  free  to  make  any  constitutional 
changes  which  they  desired. 

16.     The  Constitution  of  1821 

The  first  constitution  was  accepted  as  the  best  Defects  of 
that  could  be  devised  at  the  time  it  was  adopted. 
But  it  was  not  many  years  before  its  defects  began 
to  be  seen.  Two  of  these  defects  were  especially 
apparent.  In  the  first  place,  there  was  no  provision 
to  limit  the  number  of  assemblymen  and  senators, 
as  the  population  of  the  State  increased ;  and  so  the 
legislature  was  becoming  too  large  and  unwieldy. 
In  the  next  place,  a  serious  controversy  had  arisen  in 
the  "council  of  appointment"  as  to  who  had  the 
right  of  nominating  officers.  The  governor  claimed 
that  the  right  of  nomination  belonged  exclusively  to 
himself,  subject  only  to  the  advice  and  consent  of 
the  other  members.  The  other  members,  on  the 
contrary,  claimed  that  the  right  of  nomination  be- 
longed equally  to  all  the  members  of  the  council. 

So  serious  did  this  controversy  become   that  the 


the  first 
constitution. 


46 


Goveimment  of  Neiv  York 


Amend- 
ments of 
1801. 


Convention 
of 1821. 


question  in  dispute  was  left  to  the  legislature.  But 
the  legislature  thought  it  best  to  call  a  special  con- 
vention to  consider  both  questions,  namely,  the  ques- 
tion as  to  reducing  the  number  of  legislators,  and 
the  question  as  to  who  had  the  right  of  nomination 
in  the  council  of  appointment.  The  convention 
thus  called  enacted  the  amendments  of  1801.  The 
assembly  was  now  reduced  to  one  hundred  (100) 
members,  with  a  maximum  limit  of  one  hundred  and 
fifty  (150);  and  the  number  of  senators  was  fixed  at 
thirty-two  (32).  As  to  the  question  at  issue  between 
the  governor  and  his  colleagues  regarding  the  right 
of  nominating  officers,  it  was  decided  that  the  right 
of  nomination  belonged  equally  to  the  governor  and 
the  other  members  of  the  council. 

This  mode  of  nominating  and  appointing  the  officers 
throughout  the  State  continued  for  twenty  years. 
But  we  can  easily  see  that  the  "  council  of  appoint- 
ment" would  naturally  get  to  be  a  corrupt  political 
machine,  distributing  the  spoils  of  office  in  the  inter- 
ests of  the  party  in  power.  The  council  had,  as  a 
matter  of  fact,  the  appointment  of  more  than  six 
thousand  ^(6663)  civil  officers,  and  more  than  eight 
thousand  (8287)  military  officers.  The  best  people 
of  the  State  were  becoming  dissatisfied  with  this 
method  of  selecting  their  public  servants.  Governor 
De  Witt  Clinton  expressed  his  strong  disapproval  of 
it  to  the  legislature  of  1821.  "If  the  ingenuity  of 
man,"  he  said,  "  had  been  exercised  to  organize  the 
appointing  power  in  such  a  way  as  to  produce  con- 
tinual intrigue  and  commotion  in  the  State,  none 
could  have  been  devised  with  more  effect  than  the 
present  arrangement."     The  people  were  also  becom- 


New  York  as  an  American  State  47 

ing  dissatisfied  with  the  "  council  of  revision  "  ;  and 
they  moreover  believed  that  the  right  of  suffrage 
should  be  extended  by  reducing  the  property  quali- 
fication. These  were  some  of  the  reasons  for  calling 
the  convention  of  1821,  which  formed  the  second 
general  constitution  of  the  State.  ^  The  principal 
changes  made  in  the  constitution  by  this  convention 
were  the  following  :  — 

The  elective  franchise  was  extended  to  all  white  Extension 
persons  who  had  served  in  the  miUtia,  or  who  paid  a  J'^^^! . 

^  '  ^  franchise. 

tax  to  the  State  or  county  on  real  or  personal  prop- 
erty; and  also  to  all  colored  persons  who  held  a  free- 
hold of  the  value  of  two  hundred  and  fifty  dollars. 

The  governor's  term  of  office  was  reduced  from  The  veto 
three  to  two  years.  But  more  than  this,  the  qualified  P°^^^^- 
veto  power,  which  had  previously  belonged  to  the 
"council  of  revision,"  was  put  into  the  hands  of  the 
governor,  who  thus  received  some  responsibility  in 
matters  of  legislation.  The  old  "council  of  revision" 
was  accordingly  abolished. 

The  old  "council  of  appointment"  was  also  abol-  The  method 
ished,  and  an  entirely  new  system  of  appointing  State 
officers  was  introduced.  The  general  executive  offi- 
cers —  including  the  secretary  of  state,  the  comp- 
troller, the  state  treasurer,  the  attorney  general,  the 
surveyor  general,  and  the  commissary  general  — 
were  to  be  appointed  by  the  joint  action  of  the  legis- 
lature. All  judicial  officers  were  to  be  appointed  by 
the  governor  with  the  consent  of  the  senate,  except 
justices  of  the  peace,  who  were  to  be  chosen  by  the 
board  of  supervisors  and  the  judges  of  the  supreme 
court.     The  sheriffs  and  the  county  clerks  were  to 

1  Hammond,  II.  ch.  27. 


of  appoint- 
ment. 


48 


Government  of  New  York 


Rights  of  the 
people. 


Constitu- 
tional 
amendments. 


be  elected  by  the  people ;  and  all  other  officers  who 
had  previously  been  elected  were  still  to  be  elected. 

The  constitution  of  1821  also  contained  a  well- 
drawn  "bill  of  rights,"  which  guaranteed  the  people 
in  the  possession  of  personal  liberty,  trial  by  jury, 
the  privilege  of  habeas  corpus,  religious  liberty,  free- 
dom of  speech,  and  the  other  rights  which  the  Ameri- 
can people  had  already  expressed  in  the  first  ten 
amendments  of  the  Federal  Constitution. 

Heretofore,  when  any  constitutional  change  had 
been  made,  it  was  necessary  to  call  a  special  conven- 
tion for  that  purpose.  A  provision  was  now  made 
for  amending  the  constitution  without  the  prelimi- 
nary step  of  calling  a  convention.  It  was  provided 
that  the  proposed  amendment  should  be  agreed  to  by 
a  majority  of  each  house  of  the  legislature,  and  then 
should  be  approved  by  two-thirds  of  each  house  of 
the  next  legislature  —  after  which  it  should  be  sub- 
mitted directly  to  the  people  for  ratification.^ 


Tendencies 
toward  pop- 
ular govern- 
ment. 


17.     The  Constitution  of  1846 

The  two  constitutions  which  we  have  thus  far  con- 
sidered show  the  progress  which  had  been  made  in 
the  development  of  a  popular  government.     But  still 

1  The  constitution  drawn  by  the  convention  of  1821  M^as  ratified  by 
the  people  in  February,  1822,  and,  with  a  few  amendments,  remained 
the  organic  law  of  the  State  until  1846.  The  most  important  of  these 
amendments  were  that  of  1826,  abolishing  all  property  qualifications 
for  white  voters;  that  of  1834,  giving  to  the  electors  of  the  city  of  New 
York  the  right  to  vote  for  mayor  —  who  had  heretofore  been  appointed 
by  the  city  council;  and  that  of  1838,  extending  a  like  privilege  to  the 
voters  in  all  the  cities  of  the  State.  For  the  text  of  the  constitution  of 
1 821,  and  of  the  subsequent  amendments,  see  Poore,  Charters  and 
Constitutions,  pp.  1341-1351. 


Nezv  York  as  an  American  State  49 

the  government  did  not  even  now  rest  entirely  upon 
a  popular  basis.  The  State  executive  officers  —  ex- 
cept the  governor  and  the  lieutenant  governor  —  and 
the  judicial  officers  were  not  elected  by  the  people. 
Even  the  legislature,  although  elected,  was  not  as 
strictly  responsible  to  the  people  as  seemed  desirable. 
Hence  the  movement  in  the  direction  of  popular  gov- 
ernment continued,  and  we  may  almost  say  reached  its 
culmination  in  the  constitution  of  1846.  Indeed,  it 
may  be  said  that  the  year  1846  marks  an  epoch  in 
the  constitutional  history  of  the  State ;  for  at  that 
time  the  various  branches  of  the  government  were 
brought  into  more  direct  relation  to  the  people  than 
ever  before. 

The  convention  which  met  in  that  year  was  itself  Convention 
more  strictly  popular  than  any  of   its  predecessors.   °^^^46. 
The  convention  of  1777  had  represented  the  propri- 
etors of  great  estates,  and  their  well-to-do  tenants ; 
that  of  1 82 1  had  represented  those  voters  who  pos-  ^ 

sessed  a  certain  property  qualification ;  while  that  of 
1846  was  elected  upon  the  basis  of  almost  universal 
suffrage,  and  was  committed  to  the  theory  that  all 
political  power  was  derived  from  the  people.^ 

In  order  to  make  the  legislature  more  strictly  rep-  Reapportion- 
resentative,  it  was  determined  to  adopt  a  new  prin-  "^^ntofthe 

'        _  jr  r-  legislature. 

ciple  of  apportionment,  whereby  each  legislator  should 
represent  a  distinct  district.  Accordingly,  the  State 
was  subdivided  into  assembly  districts,  equal  in  num- 
ber to  that  of  the  assemblymen  ;  so  that  every  dis- 
trict was  now  entitled  to  its  own  representative.  In  a 
similar  way,  the  State  was  divided  into  thirty-two 
senatorial  districts,  each  one  of  which  was  entitled  to 

1  Hammond,  III.  ch.  21. 


50 


Government  of  New  York 


Election  of 
State  officers. 


Reorganiza- 
tion of  the 
judiciary. 


Restrictions 
on  the  legis- 
lature. 


a  single  senator.  By  this  new  method  of  distribution 
the  State  legislators  were  brought  into  more  direct 
relations  to  their  several  constituencies. 

The  convention  then  decided  to  place  in  the  hands 
of  the  people  the  election  of  all  the  principal  execu- 
tive officers  provided  for  by  the  constitution  —  the 
secretary  of  state,  the  comptroller,  the  treasurer,  the 
attorney  general,  the  State  engineer  and  surveyor, 
the  canal  commissioner,  and  the  prison  inspector. 
This  provision  placed  the  executive  branch  of  the 
government  upon  a  popular  basis. 

The  next  important  change  was  the  reorganization 
of  the  judicial  system,  and  the  placing  of  it  also  upon 
an  elective  basis.  The  judges  were  no  longer  to  be 
appointed  by  the  governor  and  senate,  but  were,  in 
nearly  every  case,  to  be  chosen  by  the  people.  Cer- 
tain changes  were  also  made  in  the  organization  of 
the  courts,  (i)  The  old  clumsy  court  of  errors  was 
now  aboHshed,  and  a  well-organized  court  of  appeals 
was  established  to  take  its  place  as  the  tribunal  of 
last  resort.  (2)  The  court  of  chancery  was  also 
done  away  with,  and  its  jurisdiction  merged  into  that 
of  the  supreme  court.  This  court  was  now  to  con- 
sist of  thirty-two  judges  —  four  to  sit  in  each  of 
the  eight  judicial  districts  into  which  the  State  was  to 
be  divided.  (3)  The  county  court  was  to  consist 
of  a  single  judge,  having  besides  his  other  duties  the 
administration  of  the  estates  of  deceased  persons. 
The  county  judge  was  authorized,  with  two  justices 
of  the  peace,  to  hold  courts  of  sessions  to  try  criminal 
cases. 

The  most  remarkable  feature  of  the  convention  of 
1846  was  the  effort  made  to  place  the  legislative  branch 


New   Yo7'k  as  an  American  State  5 1 

of  the  government  under  the  more  immediate  control 
of  the  people.  This  was  done  by  placing  special  re- 
strictions upon  the  legislature,  and  also  by  making 
certain  provisions  intended  to  preserve  the  credit  of 
the  State.  The  legislature  was  hereafter  prohibited 
from  granting  divorces,  authorizing  lotteries,  and  giv- 
ing special  charters  to  banks.  Corporations  were  to 
be  formed,  so  far  as  possible,  only  under  general 
laws,  and  not  by  special  acts.  The  convention  also 
provided  for  the  payment  of  the  existing  debts  of  the 
State  and  for  maintaining  its  financial  credit  in  the 
future.  These  provisions  show  that  the  people  were 
desirous  of  keeping  control  of  their  representatives 
and  of  retaining  in  their  own  hands  some  of  the  most 
important  matters  of  State  legislation.  The  strong 
sympathy  of  the  people  with  all  these  efforts  to  popu- 
larize the  government  is  seen  in  the  fact  that  the 
constitution  was  ratified  by  more  than  220,000  votes 
in  its  favor  to  less  than  93,000  votes  against  it.^ 

18.     The  Constitution  of  1894 

The  constitution  of  1846  gave  to  the  State  the  Convention 
most  perfect  system  of  government  that  it  had  ever  *^^  ^^^"^^ 
possessed  up  to  that  time,  and  it  remained  for  nearly 
half  a  century  with  no  important  changes.  A  con- 
vention was  called  in  1867  to  revise  the  organic  law, 
but  the  constitution  which  it  drafted  and  submitted 
to  the  people  was  rejected  —  except  a  single  article 
relating  to  the  court  of  appeals.  It  was  not  until 
1894  that  another  convention  was  called  to  revise  the 

1  For  the  text  of  the  constitution  of  1846,  with  amendments,  see 
Poore,  Charters  and  Constitutions,  pp.  1 351-1378. 


S2 


Government  of  New  York 


Government 
of  cities. 


constitution.  This  was  composed  of  many  eminent 
and  conservative  men,  who  decided  that  it  was  wise 
to  retain  the  constitution  of  1846  as  the  basis  of 
their  work,  and  to  recommend  only  such  improve- 
ments as  seemed  necessary.  Of  the  four  hundred 
amendments  submitted  to  the  convention,  only  thirty- 
three  were  adopted.  The  principal  changes  intro- 
duced by  the  constitution  of  1894  into  the  State 
government  related  to  the  government  of  cities  and 
the  organization  of  the  judiciary. 

The  new  constitution  made  it  the  duty  of  the 
legislature  to  restrict  the  power  of  municipal  taxation 
and  the  contracting  of  debts.  It  also  provided  for 
the  classification  of  all  cities  according  to  population. 
The  first  class  was  made  to  include  all  cities  having 
a  population  of  250,000  or  more;  the  second  class,  all 
cities  of  50,000  and  less  than  250,000;  and  the  third 
class,  all  other  cities.  In  order  to  separate  municipal 
affairs  from  general  politics,  it  was  provided  that,  in 
the  largest  cities,  the  election  of  State  ofificers  should 
occur  in  even-numbered  years,  and  the  election  of 
municipal  officers  in  odd-numbered  years. 

The  changes  in  the  judicial  system  were  intended 
the  judiciary.  ^^  make  the  administration  of  justice  more  simple 
and  efficient.  The  court  of  sessions  was  abofished, 
and  its  jurisdiction  given  to  the  county  court.  The 
/  courts  of  oyer  and  terminer  and  the  circuit  court 
were  also  abolished,  and  their  jurisdiction  was  con- 
ferred upon  the  supreme  court.  To  relieve  the  court 
of  appeals  of  its  burdens,  a  new  division  of  the 
supreme  court  was  created,  called  the  "  appellate 
division."  This  new  court  was  vested  with  final 
jurisdiction  in  nearly  all  cases  involving  issues  of  fact. 


Changes  in 


New  York  as  an  American  State  53 

The  constitution  of  1894  also  provided  for  a  new  Misceiia- 
apportionment  of  senate  and  assembly  districts,  and  ^0^^^^^°^^' 
fixed  the  number  of  senators  at  fifty  (50)  and  the  num- 
ber of  assemblymen  at  one  hundred  and  fifty  (i  50).  It 
guarded  against  abuses  in  legislative  procedure  by  re- 
quiring all  bills  to  be  printed  at  least  three  days  before 
their  passage.  It  gave  a  new  protection  to  the  bal- 
lot, requiring  ninety  days'  citizenship  before  election, 
thus  preventing  the  abuses  practised  by  campaign 
committees.  It  imposed  upon  the  legislature  the 
duty  of  providing  free  schools  for  all  children  in 
the  State,  and  prohibited  the  use  of  money  for  sec- 
tarian schools.  It  discouraged  the  passage  of  special 
laws  and  the  granting  of  exclusive  privileges  to  par- 
ticular corporations ;  and  laid  other  restrictions  upon 
the  legislature  intended  to  preserve  the  public  credit 
and  protect  the  interests  of  the  people.^ 

19.     Review  of  the  Constitutional  History 

From  this  brief  sketch  of  the  constitutional  history  The  govem- 
of  the  State  we  can  see  that  the  government  under  "^^^J^^ 
which  we  live  to-day  was  not  made  off-hand,  or  struck 
into  shape  at  a  single  blow.  It  has  been  the  result  of 
a  long  process  of  growth.  The  wisest  men  of  the 
State  have  contributed  to  its  development ;  and  the 
steps  of  its  progress  mark  the  stages  in  the  growth  of 
political  wisdom  on  the  part  of  the  people.  From  a 
subject  colony,  first  under  the  Dutch  and  then  under 
the  EngUsh,  it  has  gradually  been  transformed  into 

1  For  the  text  of  the  constitution  of  1894,  see  Legislative  Manual 
of  any  recent  year.  Its  most  important  parts  are  given  below  in  Ap- 
pendix B. 


54 


Gove7'7iment  of  Nciv  York 


Sources  of 
the  constitu- 
tion. 


English 
elements. 


a  great  democratic  commonwealth.  From  a  small 
body  of  colonial  officers,  the  government  has  ex- 
panded into  a  complex  and  elaborate  system,  in 
which  the  various  political  powers  are  distributed 
among  different  departments,  each  subject  to  a  large 
number  of  rules  and  regulations,  intended  to  make 
the  whole  government  the  agent  of  the  people's  will. 

We  have  also  seen  that  the  sources  of  our  constitu- 
tion reach  far  back  into  the  colonial  system  of  Europe. 
The  efforts  of  the  Dutch  to  colonize  the  shores  of 
Long  Island  and  the  Hudson  led  to  the  formation  of 
local  governments,  which  under  the  influence  of  the 
neighboring  colonies  of  New  England  developed  into 
the  township  system.  The  colonial  system  estab- 
lished by  the  English  led  to  the  organization  of  the 
counties  and  to  a  more  efficient  central  government. 
The  English  colonial  government,  in  fact,  furnished 
the  chief  basis  upon  which  our  later  institutions  have 
been  constructed.  Our  present  governor  may  be  said 
to  be  the  English  colonial  governor  transformed  from 
an  appointed  officer  of  the  king  to  an  elected  agent 
of  the  people.  Our  senate  is  the  legislative  council 
of  the  colony,  reestablished  upon  an  elective  basis. 
Our  assembly  is  the  colonial  assembly  modified  and 
expanded  to  meet  the  wants  of  a  democratic  commu- 
nity. In  a  similar  way,  our  judicial  system  has  been 
developed  through  many  changes  from  the  colonial 
judicature. 

But  the  most  important  elements  of  our  State  con- 
stitution which  have  come  from  England  are  those 
which  define  the  rights  of  the  subject  as  against  the 
government.  For  these  guarantees  of  liberty  we  are 
indebted   to    the   mother  country,   even   though   the 


New  York  as  mi  American  State  55 

English  king  did  not  himself  respect  them.  These 
rights  the  American  colonists  always  claimed  as  their 
inheritance.  They  insisted  upon  them  in  the  colo- 
nial assemblies  of  1683  and  1691  ;  and  when  the 
people  of  New  York  became  an  independent  State, 
these  rights  were  firmly  fixed  in  their  constitution. 

But  we  must  not  forget  that,  while  the  basis  of  our  American 
State  constitution  was  at  first  laid  upon  foreign  ideas  f^j^^s^^^ 
and  customs,  the  superstructure  has  been  the  product 
of  American  thought  and  of  American  experience. 
When  we  compare  the  old  colonial  government  which 
George  III.  used  as  a  means  of  oppression,  with  our 
democratic  institutions  of  to-day,  we  may  well  claim 
that  our  present  government  is  almost  a  new  creation. 
Its  foundations  have  been  relaid  upon  republican 
principles.  The  sovereignty  of  the  people  has  taken 
the  place  of  the  sovereignty  of  a  king  and  parliament. 
The  executive,  legislative,  and  judicial  branches  have 
all  been  transformed  under  the  influence  of  American 
ideas.  The  study  of  our  present  government,  there- 
fore, will  not  only  give  us  the  practical  knowledge 
which  every  citizen  should  possess,  but  will  also  enable 
us  to  understand  the  principles  which  are  essential  to 
true  democratic  institutions. 


The  State 
and  the 


PART    SECOND 

THE   STRUCTURE   OF   THE   GOVERNMENT 

CHAPTER    IV 
CHARACTER  OF  THE  STATE  CONSTITUTION 

20.    References 

Frothingham,  Rise  of  the  Republic  of  the  United  States,  ch.  i,  "  Local 
Government  and  National  Union";  Willoughby,  A7?//^r^  of  the  State, 
ch.  io,  "Nature  of  the  Composite  State";  Jameson,  Constitutional 
Conventions,  ch.  2,  "Of  Sovereignty,"  ch.  3,  "Of  Constitutions";  Bryce, 
American  Cotumonwealth,  ch.  27,  "  The  Federal  System,"  ch.  28, 
"Working  Relation  of  the  National  and  State  Governments,"  ch.  36, 
"Nature  of  the  American  State,"  ch.  37,  "State  Constitutions,"  ch.  39, 
"  Direct  Legislation  by  the  People";  Cooley,  Constitutional  Limita- 
tions, ch.  3,  "  Formation  and  Amendment  of  State  Constitutions,"  ch.  10, 
"Constitutional  Protection  of  Personal  Liberty,"  ch.  11,  "Protection  of 
Property  by  the  '  Law  of  the  Land,' "  ch.  12,  "  Liberty  of  Speech  and 
of  the  Press,"  ch.  13,  "  Religious  Liberty  ";  Hitchcock,  American  State 
Constitutions  (Questions  of  the  Day  Series) ;  Davis,  "  American  Con- 
stitutions "  (in  Johns  Hopkins  University  Studies  in  Historical  and 
Political  Science,  IIL  9,  10);  Jameson,  "Constitutional  and  Political 
History  of  the  States  "  (in  Johns  Hopkins  University  Studies,  IV.  5) ; 
Lalor,  Cyclopcedia  of  Political  Science,  "  States,"  "  Bill  of  Rights  ";  Wil- 
son, The  State,  §§  1088-109 1  (on  the  relation  of  State  law  to  Federal 
law) ;  Stevens,  Sources  of  the  Constitution  of  the  United  States,  ch.  8, 
"The  Bill  of  Rights";  Hinsdale,  The  American  Govern77ient,Yzx\.  III., 
"The  State  Constitutions." 

21.     The  Federal  and  the  State  Constitution 


We  have  thus  far  considered  the  way  in  which 
nation.  our    State   government   originated,  and   the   various 

56 


Character  of  the  State  Constitution  57 

changes  through  which  it  has  passed.  We  are  now 
to  consider  more  specifically  the  structure  of  the  gov- 
ernment as  it  exists  to-day,  and  the  constitutional 
basis  upon  which  it  rests.  But  in  doing  this  we  must 
bear  in  mind  the  fact  that  our  State  is  only  one  of 
many  similar  States,  which  are  bound  together  in  a 
greater  body  politic.  While  the  State  of  New  York 
has  a  government  of  its  own  and  a  constitution  of  its 
own,  it  is  still  not  a  completely  independent  State.^ 
It  is  a  part  of  the  American  nation,  which  has  also  a 
government  and  constitution  of  its  own.  The  people 
are  thus  subject  to  two  sets  of  laws  —  the  one  State, 
the  other  national.  It  is  this  double  authority  which 
forms  the  distinctive  feature  of  our  Federal  repubhc. 
We  should,  therefore,  first  of  all  understand  the 
relation  of  the  State  authority  to  the  national 
authority. 

In  becoming  a  part   of   the  American  union,  the  Supremacy 
people  of  this  State  united  with   the  people  of   the  eraVconlti'tu- 
other  States  to  establish  a  higher  law,  to  which  all  tion. 
alike  should  be  subject.     By  this  act   they  granted 
certain  powers  to  the  Federal  Government,  and  at  the 
same  time  gave  up  the  right  to  do  anything  inconsist- 
ent with  the  exercise  of  those  powers.     The  common 
Federal    Government  was  created  by  the   establish- 
ment of  a  common  Federal  Constitution.     Hence,  the 
Constitution  of  the  United  States,  and  all  laws  made 
persuant  to  it,  are,  as  the  Constitution  itself  declares, 
"  the  supreme  law  of  the  land  .  .  .  anything  in  the 
constitution,  or  laws  of  any  State  to  the  contrary  not- 
withstanding." 2 

1  Jameson,  Constitutional  Conventions,  pp.  60-65. 

2  Constitution  of  the  United  States,  Art.  VI.  §  2. 


58 


Government  of  New  York 


The  State 
and  the  Fed- 
eral Govern- 
ment. 


Federal 
authority 
within  the 
State. 


Powers  for- 
bidden to 
the  State. 


But  there  is  another  thing  to  be  borne  in  mind. 
As  the  people  of  the  State  assisted  in  forming  the 
Federal  Constitution,  and  as  they  remain  an  integral 
part  of  the  Federal  union,  so  they  still  retain  a  share 
in  the  making  and  execution  of  the  Federal  law.  They 
help  to  elect  the  President  of  the  United  States. 
Their  legislature  chooses  persons  to  represent  them  in 
the  United  States  Senate.  Their  territory  is  divided 
into  ''  congressional  districts,"  from  which  members 
are  elected  to  the  House  of  Representatives.  So 
while  the  people  of  the  State  are  subject  to  the  Fed- 
eral laws,  they  at  the  same  time  assist  in  making 
those  laws,  and  thus  take  an  active  part  in  carrying 
on  the  Federal  Government. 

In  considering  the  relation  of  the  State  to  the  Fed- 
eral authority,  it  must  be  observed  that  the  powers 
which  have  been  granted  to  the  United  States  are 
powers  which  are  exercised  not  simply  over  the  State, 
but  luithin  the  State,  and  are  binding  directly  upon 
the  people.  The  Federal  Government  has  in  the 
State  its  own  officers,  which  carry  out  its  own  laws, 
and  to  these  laws  every  person  in  the  State  is  amen- 
able. If,  for  example,  a  person  tampers  with  the 
mails,  or  counterfeits  the  United  States  money,  or  in 
any  other  way  disobeys  a  Federal  law,  he  becomes 
directly  responsible  to  the  Federal  authority ;  and  the 
State  cannot  interfere  to  shield  him  from  the  penalty 
of  his  act.  The  power  of  the  State  is  thus  limited 
by  the  powers  which  have  been  delegated  to  the 
Federal  Government. 

Moreover,  there  are  certain  powers  which,  by  the 
Federal  Constitution,  the  State  has  been  expressly 
forbidden  to  exercise.     The  State  cannot  abolish  its 


Character  of  the  State  Constitution  59 

republican  form  of  government ;  it  cannot  pass  an 
ex  post  facto  law,  or  any  law  impairing  the  validity  of 
contracts ;  neither  can  it  form  a  treaty  with  any  other 
State,  or  with  a  foreign  power,  or  engage  in  war  un- 
less actually  invaded.^  These  prohibitions  show  that 
the  people  of  the  State  are  not  sovereign  in  the  strict 
sense  of  the  word.  Their  powers  are,  in  many  re- 
spects, limited  by  the  higher  law  established  by  the 
entire  body  of  people  who  make  up  the  American 
republic. 

Notwithstanding  these  limitations,  the  State  still  Reserved 
possesses  a  great  number  of  independent  powers,  powers  of  the 
The  Federal  Constitution  declares  that  "  the  powers 
not  delegated  to  the  United  States  by  the  Constitution, 
nor  prohibited  to  the  States,  are  reserved  to  the  States 
respectively,  or  to  the  people."  ^  Within  the  sphere 
of  these  reserved  powers,  the  State  is  supreme.  Upon 
these  powers,  the  Federal  Government  itself  cannot 
encroach.  In  fact,  the  State  is  quite  as  free  and  in- 
dependent in  the  exercise  of  its  reserved  powers  as 
is  the  Federal  Government  in  the  exercise  of  its  dele- 
gated powers.  When  we  consider  the  nature  and  ex- 
tent of  the  powers  which  are  reserved  to  the  State,  it 
will  be  seen  how  important  they  are,  and  how  wisely 
they  should  be  exercised.  It  has  been  well  said  that 
"  the  State  government  touches  the  citizen  and  his 
interests  twenty  times,  where  the  national  govern- 
ment touches  him  once."  It  provides  "for  the  peace 
of  our  streets,  and  the  health  of  our  cities ;  for  the 
administration  of  justice  in  nearly  all  that  relates  to 
the  security  of  person  and  property,  and  the  punish- 

^  Constittdion  of  the  United  States,  Art.  I.  §  10. 
2  Ibid.,  Amendment  X. 


6o 


Government  of  New  York 


Scope  of  the 
State  consti- 
tution. 


ment  of  crime ;  for  the  education  of  our  children,  and 
the  care  of  unfortunate  and  dependent  citizens ;  for 
the  collection  and  assessment  of  much  the  larger 
portion  of  our  direct  taxes,  and  for  the  proper  expendi- 
ture of  the  same."  ^ 

We  may  thus  understand  the  nature  and  scope  of 
the  State  constitution.  It  is  the  organic  law  of  the 
commonwealth,  which  determines  the  methods  in 
which  the  reserved  powers  of  the  State  shall  be  exer- 
cised. It  cannot  deal  with  those  powers  which  are 
either  delegated  to  the  Federal  Government,  or  for- 
bidden to  the  State.  It  may  be  described  as  the 
highest  expression  of  the  people's  will,  in  all  that 
relates  to  purely  State  affairs.  In  considering  further 
the  nature  and  scope  of  the  State  constitution,  we 
shall  see  that  it  is  characterized  by  three  most  impor- 
tant features;  (i)  it  is  made  by  the  people,  as  the 
ultimate  source  of  political  power ;  (2)  it  secures  the 
people  in  the  possession  of  certain  fundamental  and 
essential  rights;  and  (3)  it  determines  the  frame  of 
the  government  by  which  the  various  powers  of  the 
State  are  exercised  and  made  effective. 


22.     The  Making  of  Constitutional  Law 


Early  consti- 
tution 
making. 


The  first  constitution  of  the  State  was  drawn  up 
and  adopted  by  a  convention  composed  of  delegates 
elected  specially  for  that  purpose.  This  was  done,  as 
we  have  seen,  in  pursuance  of  a  resolution  of  the 
Continental  Congress  requesting  the  several  States 
to  form  new  governments.  This  constitution  was 
never  submitted  to  the  people  ;  nor  did  it  contain  any 


1  Garfield,  Works,  I.  733. 


Character  of  the  State  Constitution  6i 

provision  for  its  own  revision  or  amendment.  When 
the  defects  of  the  first  constitution  became  apparent, 
and  the  time  came  for  changing  it,  the  legislature 
called  upon  the  people  to  elect  delegates  to  a  new 
convention  for  the  purpose  of  considering  certain 
specific  questions  submitted  to  it.  The  convention 
thus  called  adopted  the  amendments  of  1801,  which 
were  put  into  force  without  being  submitted  to  the 
people.  Our  earliest  constitutional  law  was  in  this 
way  made  by  the  representatives  of  the  people,  and 
not  by  the  people  themselves. 

The  opinion  soon  grew  up  that  the  fundamental  Direct 
law  of  the  State  should  be  established  directly  by  the  j^f  peopre.^^ 
people  of  the  State.  Hence  the  constitution  of  1821 
was  not  only  adopted  by  a  convention  of  delegates, 
but  was  submitted  to  the  people  for  ratification.  From 
this  time  the  new  principle  became  recognized  in  the 
State,  that  a  constitutional  law  can  be  established 
only  by  the  direct  legislation  of  the  people.  This 
principle  applies  not  only  to  the  case  where  the  whole 
constitution  is  to  be  revised,  but  to  the  case  where 
any  amendment  or  particular  modification  of  the  con- 
stitution is  proposed.  At  present,  the  law  regarding 
the  amendment  and  the  revision  of  the  constitution 
is  clearly  defined. 

An  amendment  to  the  constitution  requires  two  Constitu- 
steps  —  proposal  and  ratification,  (i)  It  is  proposed  amendment 
by  the  legislature,  and  must  receive  the  approval  of  a 
majority  of  each  house.  But  this  is  not  all.  It  must 
also  receive  the  approval  of  a  majority  of  the  members 
of  each  house  of  the  next  succeeding  legislature.  The 
proposed  amendment,  therefore,  cannot  be  submitted 
to  the  people  until  it  has  received  the  approval  of 


62 


Government  of  New  York 


Constitu- 
tional revi- 
sion. 


The  consti- 
tutional 
convention. 


two  successive  legislatures.  (2)  It  is  ratified  and  be- 
comes a  law,  when  it  is  submitted  to  a  popular  vote 
at  a  general  election,  and  is  approved  by  a  majority 
of  the  electors  voting  upon  it.  This  does  not  mean 
that  it  requires  a  majority  of  all  the  votes  cast  in  the 
election  ;  it  means  simply  that  the  number  of  votes 
cast  for  it   must  be  greater  than  the  number  cast 


against  \V 


A  revision  of  the  entire  constitution  is  regarded  as 
something  more  important  than  a  special  amendment, 
and  requires  three  steps,  (i)  The  question  is  first 
submitted  to  the  people  whether  or  not  there  shall  be 
such  a  revision.  The  law  provides  that  at  least  once 
in  every  twenty  years,  beginning  with  the  year  191 6 
(and  oftener  if  the  legislature  so  provides),  the  ques- 
tion, *'  Shall  there  be  a  convention  to  revise  the  con- 
stitution and  amend  the  same,"  shall  be  decided  by  a 
majority  of  the  electors  of  the  State.  (2)  In  case  the 
people  decide  that  there  shall  be  a  revision,  a  conven- 
tion is  called  for  the  purpose  .of  considering  any  de- 
fects in  the  existing  constitution,  and  of  preparing 
any  changes  or  amendments  which  may  be  thought 
necessary  for  its  improvement.  (3)  The  newly  pre- 
pared constitution,  or  the  amendments  proposed  by 
the  convention,  must  then  be  submitted  to  the  people 
for  ratification  within  six  weeks  after  the  adjournment 
of  the  convention.^ 

The  convention  called  to  revise  the  constitution  is, 
in  many  respects,  the  most  important  deliberative  body 
which  is  ever  brought  together  in  the  State,  since  it 
passes  in  review  the  whole  body  of  our  constitutional 

1  Constitution  of  Netv  York,  Art.  XIV.  §  I. 

2  Ibid,,  Art.  XIV.  §  2. 


Character  of  the  State  Constitution  63 

law.  It  is  composed  of  three  delegates  from  each 
senate  district,  and  fifteen  delegates  at  large.  It  has 
the  privileges  usually  given  to  legislative  bodies.  Its 
members  receive  the  same  pay  as  the  members  of 
the  State  assembly.  It  determines  its  own  rules  of 
procedure,  chooses  its  own  officers,  judges  of  the 
qualification  of  its  own  members,  and  has  the  power 
of  filling  vacancies  caused  either  by  death  or  resig- 
nation. Any  amendment  which  it  proposes  super- 
sedes any  similar  amendment  proposed  by  the  legis- 
lature.^ 

23.     Constitutional  Rights  of  the  People 

The  first  thing  which  the  people  have  done  in  the  "  The  Bin  of 
constitutional  law  is  to  secure  their  own  liberties  ^^^^^" 
from  encroachment.  There  are  certain  rights  so 
fundamental  and  essential  that  their  protection  is 
not  left  to  the  will  of  those  who  happen  to  be  in 
authority,  but  they  are  protected  by  the  organic  law  of 
the  State.  These  rights  form  the  great  features  of 
constitutional  Hberty,  and  their  declaration  is  usually 
called  a  ''  bill  of  rights."  They,  in  fact,  make  up  the 
best  part  of  our  political  inheritance  from  the  consti- 
tution of  England.  They  are  regarded  as  ''  constitu- 
tional rights,"  because  they  do  not  depend  for  their 
existence  upon  any  act  of  the  legislature,  but  are 
guaranteed  by  the  constitution  against  any  law  which 
the  legislature  itself  may  enact. 

First  among  the  provisions  which  are  intended  to  Protection 
protect  the  fundamental  rights  of  the  people,  is  that  ^^J^^if/^g. 
which  secures  every  member  of  the  State  from  the  ment. 

1  Constitution  of  New  York,  Art.  XIV.  §  3. 


64 


Governmait  of  Neiv  York 


Liberty  of 
thought  and 
speech. 


Right  of 

private 

property. 


exercise  of  arbitrary  power.  "  No  member  of  the 
State  shall  be  disfranchised,  or  deprived  of  any  of 
the  rights  and  privileges  secured  to  any  citizen  there- 
of, unless  by  the  law  of  the  land,  or  the  judgment 
of  his  peers."  1 

Again,  the  constitution  secures  every  one  in  his 
liberty  of  thought  and  speech,  the  free  exercise  of 
his  judgment,  and  the  free  expression  of  his 
opinions  upon  religion,  and  all  other  subjects,  when 
not  infringing  upon  the  peace  and  safety  of  the  com- 
munity. "The  free  exercise  and  enjoyment  of  re- 
ligious profession  and  worship,  without  discrimination 
or  preference,"  is  assured  to  all  persons  within  the 
borders  of  the  State.^  Every  citizen  may  also  "  freely 
speak,  write,  and  pubhsh  his  sentiments  upon  all 
subj,ects,  being  responsible  for  the  abuse  of  that 
right;  and  no  law  shall  be  passed  to  restrain  or 
abridge  the  liberty  of  speech,  or  of  the  press."  ^ 

The  right  of  private  property  is  also  secured 
against  arbitrary  encroachment.  The  State  may,  it 
is  true,  take  possession  of  lands  when  the  owner 
dies  without  heirs,  or  on  the  failure  of  all  other 
titles.  It  may  also,  by  the  exercise  of  its  right  of 
"  eminent  domain,"  take  possession  of  private  lands 
for  public  uses  —  but  only  on  the  condition  of  giving 
to  the  owner  a  just  compensation.  In  the  latter 
case,  the  right  of  private  property  is  protected  by 
the  constitution ;  because  the  owner  is  entitled  to 
receive  a  value  equal  to  that  which  he  has  been 
obhged  to  forfeit,  such  value  to  be  determined  by 
a  jury  of  his  fellow-citizens.* 

1  Constitution  of  Neio  York,  Art.  I.  §  i.  ^  jhid.,  Art.  I.  §  3. 

3  Ibid.,  Art.  I.  §  8.  *  Ibid.,  Art.  I.  §§  7,  10. 


Character  of  the  State  Constitution  65 

There  are,  moreover,  certain  safeguards  granted  to  Right  to  a 
persons  charged  with  crime.  Every  man  is  presumed 
to  be  innocent  until  he  is  proved  to  be  guilty.  There- 
fore the  constitution  guarantees  to  every  one  a  fair 
trial.  It  also  grants  to  every  one  the  right  to  be 
tried  by  a  jury.  It  gives  to  a  person  who  is  im- 
prisoned the  privilege  of  the  writ  of  habeas  corpus^ 
whereby  he  may  be  brought  before  a  judge,  that  the 
question  may  be  determined  whether  or  not  he  is 
justly  held.  It  prohibits  the  fixing  of  excessive  bail, 
and  the  imposing  of  excessive  fines  or  cruel  and 
unusual  punishments.  It  does  not  allow  a  person 
who  is  charged  with  a  capital  or  otherwise  infamous 
crime  to  be  tried  unless  he  has  first  been  indicted  by 
a  grand  jury;  it  also  grants  to  such  a  person  the 
right  of  counsel,  and  does  not  compel  him  to  be  a 
witness  against  himself.  Finally,  it  protects  a  person 
from  beinof  tried  a  second  time  for  an  offence  of  which 
he  has  been  once  acquitted.  Thus  every  person,  in- 
nocent or  guilty,  has  the  right  to  be  tried  fairly,  and 
by  due  process  of  law.^ 

We  may  also  mention  certain  political  privileges  Political 
which  are  secured  to  the  people  by  the  constitution.  p^^^^^^s^S' 
The  people  retain  the  right  to  assemble  and  discuss 
pubhc  questions,  and  the  right  to  petition  the  govern- 
ment, or  any  department  of  the  government,  for  a 
redress  of  grievances,  or  to  suggest  any  subject 
which  in  their  view  requires  the  attention  of  the 
pubHc  authorities.^  These  privileges,  and  the  rights 
before  referred  to,  are  solemnly  sanctioned  by  the 
constitution,  because  they  are  regarded  as  lying  at 
the  basis  of  a  just  and  free  government. 

1  Constitution  of  New  York,  Art.  I.  §§  2,  4,  5,  6.    "^Ibid.,  Art.  I.  §  9. 


66 


Government  of  New  York 


The  "  frame 
of  govern- 
ment." 


Basis  of 

political 
authority. 


Division  of 

political 

powers. 


24.     Structural    Features  of  the  Constitution 

However  important  it  may  be  to  define  the  funda- 
mental rights  of  the  people,  the  main  part  of  the 
constitution  is  made  up  of  provisions  which  relate 
to  the  structure  or  organization  of  the  government. 
These  structural  features  determine  the  mode  in 
which  the  political  powers  of  the  State  are  to  be 
exercised.  Without  a  well  defined  "■  frame  of  govern- 
ment," no  political  society  could  attain  the  ends  for 
which  it  exists.  The  State  has  therefore,  in  its  con- 
stitution, provided  the  methods  by  which  it  is  to  be 
organized  and  governed.  We  shall  see  that  the 
political  organization  of  the  State  involves  the  follow- 
ing important  features :  — 

In  the  first  place,  the  government  must  have  a 
well-defined  basis.  The  question  must  be  settled  as 
to  where  the  ultimate  source  of  political  power  is 
located.  It  is  true  that  in  a  free  commonwealth  the 
ultimate  power  is  said  to  reside  in  the  people.  But 
not  all  the  people  have  a  voice  in  determining  the 
policy  or  the  action  of  the  government.  The  con- 
stitution, therefore,  indicates  what  part  of  the  people 
have  a  share  in  the  exercise  of  political  powers  ;  and 
consequently  it  may  be  said  to  determine  the  basis 
of  political  authority. 

Again,  it  has  been  found  that  the  various  powers 
of  the  government  may  be  more  efficiently  exercised 
if  divided,  and  distributed  among  different  sets  of 
officers.  The  government  is  hence  separated  into 
different  branches,  or  departments.  In  general,  the 
legislative  branch  considers  the  needs  of  the  people, 
and  enacts    laws  to  provide    for  these  needs.     The 


Character  of  the  State  Constitution  6y 

executive  branch  sees  that  the  laws  passed  by  the 
legislature  are  carried  into  effect.  They//<^/<:/(^/ branch 
applies  the  law  to  special  cases,  and  settles  controver- 
sies which  may  arise  in  regard  to  disputed  rights. 
But  this  general  division  of  powers  is  not  sufficient. 
For  example,  the  legislative  branch  is  divided  into 
two  houses,  which  cooperate  in  the  work  of  legisla- 
tion. The  executive  branch  is  separated  into  differ- 
ent departments  of  administration.  And  the  func- 
tions of  the  judicial  branch  are  divided  among  various 
courts,  having  different  kinds  of  jurisdiction. 

Moreover,  the  work  of  the  government  may  be  Territorial 
greatly  facilitated  by  dividing  the  territory  of  the  '^'^'^^°"^- 
State  into  local  districts,  like  townships  and  counties, 
villages  and  cities.  These  territorial  divisions  may 
be  recognized  as  centers  of  local  government,  and  also 
as  administrative  districts  to  aid  in  carrying  into  effect 
the  general  laws  of  the  State. 

The  constitution  also  provides  for  the  various  kinds  Offices  and 
of  offices,  whether  general  or  local,  which  are  neces-  °  ^^^^' 
sary  to  carry  on  the  work  of  the  government.  It 
determines,  too,  the  kind  of  persons  who  are  to  fill 
these  offices,  their  qualifications,  their  duties,  their 
term  of  office,  and  the  mode  in  which  they  are  to 
be  chosen.  In  the  eye  of  the  constitution,  a  public 
office  is  a  public  trust,  and  an  officer  is  an  agent  of 
the  people  whose  first  duty  is  fidelity  to  the  State. 

As  we  consider  more  particularly  the  structure  of  General 
the  government  of  the  State,  we  shall  keep  in  mind  ^jj^^^jj^^ltion 
these  general  features  of  political  organization.     We 
shall  see  how  the  foundation  of  the  government  is  laid 
in  the  will  of  the  people,  and  how  the  will  of  the  peo- 
ple is  expressed  by  means  of  the  ballot.    We  shall  see 


68  Govermnent  of  Neiv  York 

how  the  central  government  of  the  State  is  organized 
by  the  distribution  of  its  various  powers,  which  are 
intrusted  to  different  kinds  of  officers.  We  shall 
see  how  the  local  divisions  of  the  State  are  arranged, 
and  how  they  are  organized  so  as  to  enable  each 
separate  community  to  control  its  own  affairs,  and 
also  to  aid  the  central  government  in  the  general 
administration  of  the  State's  affairs. 


CHAPTER   V 
CITIZENSHIP  AND   THE   SUFFRAGE 

25.    References 

Johnson,  Cyclopcedia,  "Citizenship,"  "Naturahzation";  Lalor, 
Oyclopcedia  of  Political  Science,  "Naturalization";  Wilson,  The  State, 
revised  edition,  §§  1119-1125  (on  national  and  State  citizenship); 
Bryce,  Amer-ican  Com7noiiwealth,,  Part  III.,  "The  Party  System"; 
Bluntschh,  Theory  of  the  State,  Eng.  trans,,  Book  VII.,  "Sovereignty 
and  its  Organs.  Public  Services  and  Public  Officers";  Woolsey, 
Political  Science,  Part  III.  ch.  3,  "State,  Sovereignty,  People"; 
Cooley,  Constitutional  Limitations,  ch.  17,  "Expression  of  the  Popu- 
lar Will";   Wigmore,  The  Australian  Ballot  System. 

Constitution  of  the  United  States,  Amendment  XIV.  §  l ;  Constittt- 
tion  of  Neio  York,  Art.  III.,  "Voters";  General  Laws  of  N'ew  York, 
ch.  4,  "The  Naturalization  Law,"  ch.  6,  "The  Election  Law." 

26.     The  Government  and  Citizenship 

It  is  a  fundamental  principle  of  republican  institu-  The  popular 
tions  that  the  government  rests  upon  the  will  of  the  ^^^^^  °^ 

1  ^,  .      .      ,  .  1  T^         •      .      government. 

people,  ihis  is  true  m  a  general  sense.  Btit  it  is 
quite  evident  that  all  the  people  of  the  State  do  not 
have  a  share  in  the  government  —  as  is  the  case  with 
minors.  It  is  also  evident  that  not  all  the  people  who 
live  in  the  State  are  even  members,  or  citizens,  of  the 
State  —  as  is  the  case  with  foreigners.  Hence,  to 
have  a  clear  idea  of  what  is  meant  by  the  "  popular 
basis "  of  government,  we  must  know,  first  of  all, 
what  part  of  the  people  of  the  State  are  citizens  of 
the  State ;  and  next,  what  part  of  the  citizens  of  the 

69 


70 


Governnie7it  of  Nezv  York 


Citizens, 
native  and 
naturalized. 


National  and 
State  citizen- 
ship. 


Duties  and 
rights  of 
citizenship. 


State  are  admitted  to  a  share  in  the  government  of 
the  State. 

A  citizen  is  defined  to  be  a  "person,  native  or 
naturalized,  of  either  sex,  who  owes  allegiance  to  the 
government,  and  is  entitled  to  reciprocal  protection 
from  it."  ^  Speaking  generally,  every  person  is  re- 
garded as  a  native-born  citizen  who  is  born  within  the 
State,  of  parents  who  are  subject  to  the  State's  author- 
ity. A  naturalized  citizen  is  one  who,  though  foreign 
born,  is  admitted  by  a  due  process  of  law  to  the  privi- 
leges of  citizenship.  Every  person  who  has  been 
duly  naturalized  has  the  same  rights  and  immunities 
as  though  he  were  native  born. 

The  general  law  regarding  naturalization  is  estab- 
lished by  the  Federal  Government.  A  person  who  is 
a  citizen  of  the  United  States,  either  native  or  natu- 
ralized, is  also  a  citizen  of  the  State  wherein  he 
resides.^  There  is  therefore  in  this  country  a  kind  of 
double  citizenship.  As  a  citizen  of  the  United  States, 
one  owes  allegiance  to  the  Federal  Government,  and 
is  entitled  to  its  protection.  As  a  citizen  of  the  State, 
one  owes  allegiance  to  the  State  government,  and  is 
entitled  to  its  protection.  But  there  need  be  here  no 
conflict  of  duties.  Since  the  State  is  an  integral 
part  of  the  whole  country,  and  the  Federal  Constitu- 
tion is  the  supreme  law  of  the  land,  one's  allegiance 
to  his  State  is  subordinate  to  his  allegiance  to  the 
United  States. 

Citizenship  involves  both  a  duty  and  a  right  —  the 
duty  of  allegiance,  and  the  right  of  protection.  The 
citizen  of  the  State  is  first  of  all  bound  to  respect  the 

1  Webster's  International  Dictionary. 

2  Constitution  of  the  United  States^  Amendment  XIV.  §  i. 


Citizenship  and  the  Suffrage  71 

laws  of  the  State,  to  render  to  the  State  whatever  ser- 
vice he  is  able,  and  to  support  in  every  way  possible 
its  authority.  On  the  other  hand,  he  is  entitled  to  all 
the  rights  and  privileges  which  the  law  affords,  in 
respect  to  his  person  and  property.  These  rights  are 
essential  to  citizenship,  and  are  distinguished  as  ''civil 
rights."  They  are  possessed  alike  by  all  citizens, 
without  regard  to  age,  sex,  or  color. 

27.     The  Elective  Franchise 

While  all  the  citizens  of  the  State  possess  "civil  The  right 
rights,"  they  do  not  all  possess  ''political  rights."  ^f^^^'-^g^- 
While  they  are  all  entitled  to  protection,  they  are  not 
all  entitled  to  the  exercise  of  power.  The  supreme 
power  of  the  State  is  in  fact  vested  in  those  persons 
only  who  are  permitted  by  the  constitution  to  exercise 
the  elective  franchise.  Or,  as  it  has  been  stated  by 
a  judicial  authority,  "The  people  for  political  pur- 
poses may  be  considered  as  synonymous  with  quali- 
fied voters."  1  The  right  of  suffrage,  therefore,  is  not 
a  right  based  upon  nature,  but  is  a  franchise  granted 
by  the  State  to  a  part  of  its  citizens. 

The  persons  who  are  entitled  to  exercise  the  right  General 
of  suffrage,  and  who  thus  form  the  political  basis  of  ^f  Jotg^'^^^'^"^ 
the  government,  are  definitely  described  by  the  con- 
stitution of  the  State.  The  general  quahfications 
which  a  voter  must  have  are  the  following :  He  must 
be  a  male  citizen  of  the  age  of  twenty-one  years  ;  he 
must  have  been  a  citizen  for  ninety  days  ;  and  he 
must  have  been  an  inhabitant  of  the  State  for  at  least 
one  year  next  preceding  the  election  at  which  he 
offers  his  vote.^ 

1  Blair  v.  Ridgely,  41  Missouri,  63. 

2  Constitution  of  New  York,  Art.  II.  §  I. 


72 


Gover7inient  of  New  York 


Residence  as 
a  condition 
of  voting. 


Relation  of 
voters  to 
parties. 


Besides  these  general  qualifications,  a  voter  must 
also  have  some  particular  residence  within  the  State, 
which  he  has  retained  for  a  certain  length  of  time. 
He  must  have  been  a  resident  of  the  county  for  at 
least  four  months ;  and  a  resident  of  the  election  dis- 
trict for  at  least  thirty  days.  This  gives  an  opportu- 
nity for  a  person  to  be  known,  and  his  claims  as  a 
voter  to  be  tested.  But  a  person  who  has  once  ob- 
tained a  definite  residence  is  not  regarded  as  having 
lost  it  by  reason  of  being  absent  in  the  service  of  the 
United  States;  or  while  a  student  of  any  seminary 
of  learning ;  or  as  an  inmate  of  a  charitable  institu- 
tion, or  a  public  prison.  A  person  who  is  otherwise 
qualified  to  vote  is  prohibited  from  the  exercise  of 
this  right  if  convicted  of  having  offered  or  received 
bribes  at  an  election,  or  if  convicted  of  any  infamous 
crime.^ 

As  the  political  power  of  the  State  ultimately  rests 
in  those  citizens  who  have  the  right  of  suffrage,  the 
will  of  the  State  is  expressed  by  the  opinion  of  the 
majority  (or  the  plurality)  of  the  voters.  Every 
person  who  has  the  right  to  vote  at  all  has  the  right 
to  vote  as  he  pleases.  But  it  is  customary  for  those 
who  have  common  political  opinions,  or  common  po- 
litical ends,  to  unite,  and  thus  to  form  a  party.  A 
party  is,  in  fact,  a  purely  voluntary  association  of 
voters,  and  no  one  is  obhged  to  join  it.  But  it  is  yet 
recognized  by  the  law  as  a  useful  part  of  the  political 
machinery  of  the  State.  Although  it  may  sometimes 
become  corrupt,  and  be  used  for  personal  ends,  still  it 
furnishes  an  efficient  means  for  organizing  and  direct- 
ing public  opinion  on' important  political  questions. 

1  Constitution  of  New  York^  Art.  II.  §§  1-3. 


Citizenship  and  the  Suffrage 


n 


Even  a  voter  who  desires  to  be  independent  can 
make  his  opinion  effective  only  by  choosing  between 
the  existing  parties,  or  else  by  uniting  with  other  per- 
sons having  similar  opinions,  and  forming  a  new 
party,  or  something  akin  to  it. 

A  party  becomes  organized  by  the  appointment  of  Party  organic 
ofificers  and  committees  —  a  State  committee,  a  county  ^^^^°"- 
committee,  and  a  local  committee — to  take  supervision 
of  its  interests.  If  a  party  polls  ten  thousand  votes 
at  a  general  election  (at  which  a  governor  is  elected), 
it  is  authorized  to  perform  certain  acts,  which  are 
recognized  by  the  law,  such  as  the  holding  of  pri- 
maries and  conventions,  and  the  nomination  of  officers. 
Parties  are  under  the  management  of  their  commit- 
tees ;  but  it  often  happens  that  an  influential  man 
may  get  control  of  the  State  committee,  and  become 
an  autocratic  party  leader,  or  a  "boss."  Whatever 
may  be  said  against  the  ''boss,"  it  should  be  remem- 
bered that  in  a  commonwealth  of  free  voters,  no 
party  leader  can  long  retain  his  position  without  the 
acquiescence  of  the  rank  and  file  of  the  party. 

28.     Nomination   of    Officers 


We  can  see  that  the  gift  of  the  elective  franchise  Rights  and 


confers  upon  a  person  certain  rights  and  duties,  not 
possessed  by  the  one  who  has  not  received  that  fran- 
chise. When  the  citizen  becomes  a  voter,  he  becomes 
in  reahty  a  factor  in  the  government.  He  is  called 
upon  to  take  part  in  the  political  activity  of  the  State ; 
and  he  also  becomes  responsible  in  part  for  the  gov- 
ernment, both  of  the  whole  State,  and  of  the  locality 
in  which  he  resides.     The  gift  of  the  ballot  makes 


duties  of 
voters. 


74 


Governmejtt  of  New  York 


Party  nomi- 
nations. 


Primaries 
and  con- 
ventions.. 


him  a  sharer  of  sovereignty.  He  may  now  exercise 
his  poHtical  power  in  two  ways :  first,  in  voting  upon 
political  questions  submitted  to  the  people,  as  in  the 
case  of  a  proposed  constitutional  amendment ;  and 
second,  in  taking  part  in  the  nomination  and  election 
of  public  officers,  who  are  to  act  as  his  agents  in 
directing  the  affairs  of  the  State.  The  latter  is  the 
most  ordinary  way  in  which  the  citizen  is  called  upon 
to  exercise  the  right  of  suffrage.  The  exercise  of  his 
political  rights  and  duties  may  therefore  be  said  to 
begin  with  the  nomination  of  public  officers. 

The  most  usual  way  of  nominating  officers  is 
through  the  regular  party  organizations.  Any  body 
of  voters  which  was  able  to  cast  the  requisite  number 
of  votes,  that  is,  ten  thousand,  at  the  last  gubernato- 
rial election,  is  authorized  by  law  to  make  a  "  party 
nomination."  The  persons  thus  nominated  receive  a 
*' party  certificate  of  nomination,"  signed  by  the 
officers  of  the  party,  and  are  entitled  to  run  as  regu- 
lar candidates  for  election.^ 

The  machinery  by  which  party  nominations  are 
made  comprises  the  ''  primary,"  and  the  *'  convention." 
The  "  primary  "  is  the  lowest  political  assembly  au- 
thorized by  law,  and  may  be  said  to  lie  at  the  basis 
of  the  whole  political  system.  It  is  a  meeting  of  the 
qualified  voters,  belonging  to  the  same  political  party 
in  an  election  district.  It  is  open  for  a  certain  num- 
ber of  hours  on  a  specified  day ;  and  during  that 
time  the  electors  may  cast  their  votes  for  nominations 
to  the  lower  offices,  and  for  delegates  to  the  party 
convention.  The  '*  convention "  is  an  assembly  of 
delegates  representing  the  party  in  the  county  or  the 

^  General  Laws  of  New  York,  ch.  6,  §  56. 


Citizenship  and  the  Suffrage  75 

State,  convened  for  the  purpose  of  nominating  the 
higher  officers,  and  for  transacting  any  other  business 
affecting  the  interests  of  the  party. ^ 

But  the  electors  are  not  compelled  to  vote  for  the  independent 
candidates  nominated  by  any  regular  party  organiza-  no"^i^atio"s. 
tion.  They  can,  if  they  so  desire,  choose  indepen- 
dent candidates  by  preparing  what  is  called  an 
"  independent  certificate  of  nomination."  Such  a  cer- 
tificate must  be  signed  by  a  certain  number  of  voters. 
The  number  varies  from  six  thousand,  when  the 
officers  are  to  be  voted  for  by  all  the  electors  of  the 
State,  to  one  hundred,  when  they  are  to  be  voted  for 
only  by  the  electors  in  a  single  town,  village,  or  ward 
in  a  city.^ 

It  is  necessary  that  all  certified  nominations.  Publication 
whether  made  by  a  party,  or  made  independently,  be 
duly  published  in  a  certain  number  of  newspapers  at 
least  six  days  before  the  election,  —  or  in  the  case  of 
villages,  conspicuously  posted  at  least  one  day  before 
the  election.  This  is  to  enable  all  voters  to  be  well 
informed  as  to  the  candidates  presented  for  their 
suffrages.  The  duty  of  making  the  publication  rests 
upon  the  county  clerk,  in  the  case  of  general  nomina- 
tions ;  and  upon  the  city  clerk,  or  the  town  or  village 
clerk,  in  the  case  of  local  nominations.^  But  in  the 
city  of  New  York  this  duty  rests,  in  either  case,  upon 
the  ''city  board  of  election." 

All  the  certified  nominations  must,  before  the  day  Preparation 
of  election,  be  printed  upon  official  ballots  prepared 
at  public  expense.      The  form  of  this  ballot  is  fixed 
by  law,  and  is  known  as  the  ''  Australian  ballot,"  or 

1  General  Laws  of  Netv  Yo7-k,  ch.  6,  §  50, 

2  Ibid.,  ch.  6,  §  57.  3  ff,j^^^  ch.  6,  §  61. 


of  nomina- 
tions. 


76 


Government  of  New  York 


Time  and 
place  of 
elections. 


Election 
officers. 


the  blanket  ballot,  which  contains  the  names  of  all 
candidates.  The  names  of  the  candidates  of  the 
different  parties  are  arranged  in  separate  columns, 
each  headed  by  the  ''party  device,"  with  a  blank 
column  in  which  a  voter  may  write  the  name  of  any 
person  not  regularly  nominated.  Upon  this  ballot 
are  printed  all  the  directions  necessary  to  instruct  the 
elector  how  to  cast  his  vote,  whether  he  wishes  to 
vote  a  ''  straight"  ticket,  or  a  ''  split  "  ticket.^ 

29.     Machinery  and  Conduct  of  Elections 

The  law  regarding  the  machinery  and  conduct  of 
elections  is  very  explicit,  and  it  will  be  possible  for  us 
to  review  only  its  most  general  features.^  It  provides 
that  a  general  election  shall  be  held  annually,  on  the 
Tuesday  next  after  the  first  Monday  in  November. 
It  also  provides  that  the  polls  shall  remain  open 
continuously  from  six  o'clock  in  the  morning  until 
five  o'clock  in  the  afternoon.  It  furthermore  pro- 
vides that  the  State  shall  be  divided  into  "  election 
districts,"  each  one  of  which  shall  comprise,  as  nearly 
as  possible,  four  hundred  voters  —  a  town  or  a  ward 
of  a  city  being  subdivided,  if  necessary,  for  this 
purpose. 

In  every  election  district  there  must  be  the  follow- 
ing classes  of  election  officers:  (i)  four  inspectors  of 
election  ;  (2)  two  poll  clerks,  and  (3)  two  ballot  clerks 
—  each  class  being  divided  between  the  two  chief 
political  parties.  The  inspectors  of  election  are  or- 
ganized as  a  board  by  the  appointment  of  one  of  their 
number  as  chairman.     The  board  thus  orQ:anized  has 


^  General  Laws  of  Neiu  York,  ch.  6,  §§  80-89. 
2  Ibid.,  ch.  6,  §§  100-I14. 


Citizenship  and  the  Suffi'age  y/ 

general  charge  of  the  election,  being  authorized  to 
make  all  needful  preparations  for  the  event,  and  also 
to  preserve  order  at  the  polls. 

Before  every  general  election  the  board  of  in-  Registration 
spectors  is  required  to  hold  from  two  to  four  meet- 
ings at  which  the  electors  of  the  district  are  entitled 
to  register  their  names  as  qualified  voters.  To  insure 
correctness  and  justice  in  the  making  of  the  registry, 
a  person  may,  if  his  name  is  presented  in  person  to 
the  inspector  and  is  rejected,  appeal  to  a  court  for  an 
order  to  have  his  name  properly  recorded.  On  the 
other  hand,  if  an  unqualified  person  has  been  regis- 
tered, any  elector  may  apply  to  the  court  for  an  order 
to  have  the  name  of  such  person  stricken  from  the 
list.  The  registry  when  completed  becomes  an  official 
list  of  all  electors  who  are  entitled  to  vote  at  any 
election  during  the  following  year  —  except  in  the 
case  of  towns  and  villages,  where  no  registration  is 
required. 

The  board  of  election  is  required  to  provide  all  the  Election 
appurtenances  necessary  for  the  process  of  voting,  ^ancef' 
These  comprise,  besides  a  suitable  polling  place,  the 
booths  where  the  voter  may  conveniently  and  secretly 
prepare  his  ballot ;  boxes  in  which  the  ballots  are 
deposited ;  guard-rails,  marking  off  the  space  within 
which  no  one  is  permitted  except  the  election  officers, 
the  person  depositing  his  vote,  and  two  ''  watchers  " 
from  each  of  the  parties  or  organizations  interested 
in  the  election.  In  the  place  of  booths  and  ballot- 
boxes,  the  law  permits  the  use  of  "  voting-machines," 
which  are  made  to  receive  and  record  the  votes  cast. 

A  person  who  offers  his  vote  at  the  polls  and  is  challenging 
suspected    of    not  being   a   quahfied   voter   may    be  0^^'°^^^^. 


78 


Government  of  New  York 


Canvassing 
of  votes. 


"challenged."  In  this  case  he  is  obliged  to  answer 
questions  put  to  him  regarding  his  qualifications.  If 
his  answers  do  not  appear  satisfactory  to  the  in- 
spectors, he  must,  if  he  persists  in  his  right  to  vote, 
take  an  oath  that  he  possesses  the  qualifications  speci- 
fied by  the  law. 

As  soon  as  the  polls  are  closed,  the  '*  canvassing  " 
of  the  votes  begins,  that  is,  the  counting  of  the  votes 
properly  cast,  and  the  pubhshing  of  the  result  of  the 
election.  ^  The  board  of  inspectors  in  each  election 
district  first  count  the  votes  cast  for  each  candidate 
in  that  district ;  and  this  must  be  done  "■  in  plain  view 
of  the  public."  The  result  of  the  election  in  the 
district  is  publicly  announced  ;  and  it  is  also  recorded 
in  a  written  certified  statement  to  be  forwarded,  in 
case  of  a  general  election,  to  the  county  board  of 
canvassers.  The  county  board  of  canvassers  consists 
of  the  supervisors  of  the  county,  who  receive  and  sum- 
marize the  results  received  from  the  election  districts, 
and  who  also  prepare  a  certified  statement  to  be  for- 
warded to  the  State  board  of  canvassers.  This  latter 
board  consists  of  five  executive  officers  of  the  State, 
including  the  secretary  of  state.  The  State  board 
receives  and  summarizes  the  results  received  from 
the  county  boards,  and  makes  a  certified  statement 
of  the  result  of  the  whole  election —  a  copy  of  which 
is  sent  to  each  of  the  officers  elected,  and  a  record 
made  in  the  office  of  the  secretary  of  state. 


30.     Protection  of  the  Ballot 

General  pro-        If  the  ballot  is  the  basis  of  a  free  government,  its 
visions.  protection  is  necessary  for  the  security  of  our  free 

1  General  Laws  of  Neiv  York,  ch.  6,  §§  130-142. 


Citizenship  and  the  Suffrage  79 

institutions.  Many  of  the  general  provisions  regard- 
ing the  conduct  of  elections  already  referred  to,  are 
intended  to  secure  the  ballot  against  fraud  and  abuse. 
We  can  see  this  in  the  adoption  of  the  "  Australian 
ballot " ;  in  the  care  exercised  in  the  registration  of 
voters ;  in  the  secrecy  assured  to  the  voter  while  pre- 
paring his  ballot;  in  the  opportunity  afforded  to 
challenge  a  suspected  voter ;  and  in  the  pubHcity  and 
"certifications"  required  in  the  canvassing  of  election 
returns.  The  State  strives  in  every  way  possible  to 
secure  perfect  freedom  in  elections  by  protecting  the 
voter  in  exercising  his  right  and  in  fulfiUing  his  duty. 

The  State  secures  every  voter  in  his  right  to  vote  Opportunity 
by  giving  him  an  opportunity  to  vote.  The  day  of  *°  ^°^^" 
general  election  is  made  a  legal  holiday.  Not  only 
this,  any  person  who  is  employed  upon  that  day,  and 
is  entitled  to  vote,  has  the  right,  by  giving  notice  to 
his  employer,  to  absent  himself  for  two  consecutive 
hours,  while  the  polls  are  open,  and  ''  no  deduction 
shall  be  made  from  the  usual  salary,  or  wages  of  such 
elector,  and  no  other  penalty  shall  be  imposed  upon 
him  by  his  employer  by  reason  of  such  absence."^ 

The  law  also  endeavors  to  promote  the  freedom  of  undue 


in- 


elections  by  preventing  the  use  of  undue  influence.   fl^^"'=^  ^^ 

.  •'    ^  '     n  elections. 

It  IS  of  course  proper  to  influence  a  person  by  appeal- 
ing to  his  judgment  at  the  proper  time,  by  means  of 
public  and  private  discussions.  But  there  is  a  kind  of 
influence  which  is  forbidden.  For  example,  political 
committees  and  candidates  for  office  are  forbidden  to 
pay  the  fees  of  those  making  application  to  be  natu- 
ralized, on  the  ground  that  the  grateful  foreigner 
would  be  unduly  inclined  to  vote  for  his  benefactor. 

^  General  Laws  of  A' ezu  York^  ch.  6,  §  109. 


8o 


Govennnent  of  New  York 


Bribery  and 
betting. 


Election 
expenses. 


Again,  to  shield  the  voter  at  the  polls,  no  electioneer- 
ing is  permitted  within  one  hundred  feet  of  the  poll- 
ing place. 

The  explicit  prohibition  of  bribing  and  betting  at 
elections  may  be  seen  in  the  following  form  of  the 
oath  which  may  be  required  of  any  person  who  is 
suspected  of  these  acts,  and  is  challenged  at  the 
polls :  "  You  do  swear  (or  affirm)  that  you  have  not 
received,  or  offered,  do  not  expect  to  receive,  have 
not  paid,  offered,  or  promised  to  pay,  contributed, 
offered,  or  promised  to  contribute  to  another,  to  be 
paid  or  used,  any  money,  or  other  valuable  thing,  as 
the  compensation  or  reward  for  the  giving  or  with- 
holding of  a  vote  at  this  election,  and  have  not  made 
any  promise  to  influence  the  giving  or  withholding  of 
any  such  vote ;  and  that  you  have  not  made,  or 
become  directly,  or  indirectly  interested  in  any  bet  or 
wager  depending  on  the  result  of  this  election."  ^ 

To  prevent  the  improper  use  of  money,  all  the 
necessary  expenses  of  election  are  charged  to  the 
public — to  the  town,  village,  city,  or  county.  Further- 
more, the  corruption  growing  out  of  the  use  of  money 
by  candidates  is  greatly  curtailed  by  the  duty  laid 
upon  candidates  to  render  an  itemized  account  of  their 
election  expenses.^  All  these  provisions  show  how 
high  an  estimate  the  State  places  upon  the  sanctity  of 
the  ballot,  as  the  foundation  of  popular  government, 
and  as  the  means  by  which  the  will  of  the  people  can 
be  expressed  and  made  effective. 

^  General  Laws  of  Neiu  York,  ch.  6,  §  io8. 

2  Laivs  of  N'ew  York,  i8go^  ch.  262.  —  "An  act  to  promote  the  in- 
dependence of  voters  at  public  elections,  enforce  the  secrecy  of  the 
ballot,  and  provide  for  the  printing  and  distribution  of  ballots  at  pub- 
lie  expense." 


CHAPTER   VI 
THE  CENTRAL  GOVERNMENT  OF  THE  STATE 

31.    References 

Fiske,  Civil  Government  in  the  United  States,  ch.  6,  "The  State 
Governments";  Wilson,  The  State,  §§  1 126-1208,  "Central  Govern- 
ment of  the  State";  Bryce,  American  Commonwealth,  ch.  40,  "The 
State  Legislatures,"  ch.  41,  "The  State  Executive,"  ch.  42,  "The  State 
Judiciary";  Cooley,  Constitutional  Limitations,  ch.  5,  "  Powers  which 
the  Legislative  Department  may  Exercise,"  ch.  6,  "  Enactment  of 
Laws";  Hinsdale,  American  Goverjtment,  ch.  ^i,  "The  State  Legis- 
latures," ch.  52,  "  The  State  Executives,"  ch.  53,  "The  State  Judiciary"; 
Bluntschli,  Theory  of  the  State,  Part  IIL  ch.  7,  "  Modern  Principle  of 
Division  of  Powers." 

Constitution  of  New  York,  Art.  III.,  "The  Legislature,"  Art.  IV., 
"Executive  Department,"  Art.  V.,  "State  Officers,"  Art.  VI.,  "Judi- 
ciary"; General Lazvs  of  N'ezv  York,  ch.  3,  "The  Civil  Service  Law," 
ch.  7,  "The  Public  Officers  Law,"  ch.  8,  "The  Legislative  Law,"  ch. 
9,  "The  Executive  Law";  N'ew  York  Code  of  Civil  Procedure,  ch.  3, 
"  Jurisdiction  and  Organization  ";    The  Legislative  Manual. 

32.    The   Legislative   Branch 

The  government  of  the  State,  strictly  speaking,  is  The  govem- 
made  up  of  the  great  body  of  public  officers  who  ^^^d"!;,^^]'*"^^ 
have  been  elected  by  the  people,  or  appointed  by 
those  who  have  been  elected,  and  to  whom  are 
intrusted  the  interests  and  welfare  of  the  com- 
munity. A  part  of  these  officers  have  supervision  of 
the  general  interests  of  the  whole  State,  and  make 
up  what  we  call  the ''central  government."  Other 
G  81 


82 


Government  of  New  York 


Branches  of 
the  central 
government. 


Two  houses 
of  the  legis- 
lature. 


sets  of  officers  look  after  the  special  interests  of  par- 
ticular localities,  and  make  up  the  "local  governments" 
of  the  State.  But  whatever  may  be  the  extent  of  the 
interests  over  which  they  preside  —  whether  State  or 
local  —  they  are  all  alike  the  representative  agents  of 
the  people,  and  are  all  responsible  to  the  voters  of 
the  State  for  the  faithful  performance  of  the  duties 
assigned  to  them. 

The  first  thing  to  be  noticed  in  connection  with  the 
central  government  of  the  State  is  the  distribution  of 
the  various  public  officers  into  separate  groups,  or 
branches.  Those  officers  who  are  authorized  to  pass 
the  laws  necessary  to  protect  the  rights  and  promote 
the  welfare  of  the  community  form  the  '*  legislative 
branch."  Those  who  are  called  upon  to  execute 
the  laws  and  maintain  public  order  make  up  the 
"executive  branch."  And  those  who  preside  over 
the  settlement  of  disputes  and  apply  the  law  to 
special  cases  form  the  "judicial  branch."  The  various 
powers  of  the  government  derived  from  the  people 
are  thus  intrusted  to  different  groups  of  officers,  who 
thereby  become  the  special  agents  of  the  people. 
The  acceptance  of  any  office  —  whether  legislative, 
executive,  or  judicial  —  not  only  confers  upon  the 
incumbent  a  public  honor,  but  imposes  upon  him  a 
public  duty.  This  separation  of  the  powers  of  govern- 
ment into  distinct  and  independent  branches  is 
regarded  in  this  country  as  necessary  to  the  preserva- 
tion of  political  liberty.  But  we  shall  see  that  this 
theoretical  distinction  is  not  always  in  fact  strictly 
preserved. 

The  legislative  branch  of  the  government  consists 
of  two  houses  —  the  Senate  and  the  Assembly.     The 


The  Central  Govermnent  of  the  State  83 

former  comprises  fifty  (50)  members,  elected  once  in 
two  years  ;  and  the  latter  comprises  one  hundred  and 
fifty  (150)  members,  elected  every  year.  The  mem- 
bers of  each  house  are  apportioned  throughout  the 
State  according  to  the  population.  For  this  purpose 
an  enumeration  of  the  inhabitants  is  made  every  ten 
years.  The  territory  of  the  State  is  divided  into  fifty 
"senate  districts,"  and  one  hundred  and  fifty  ''assem- 
bly districts  "  —  so  that  each  senate  district  elects  one 
senator,  and  each  assembly  district  one  assemblyman. 
In  the  arrangement  of  senate  districts,  the  county  is 
made  the  territorial  basis.  For  example,  a  senate 
district  may  comprise  a  single  county,  or  two  or  more 
counties,  or  a  county  may  be  subdivided  into  two  or 
more  senate  districts,  provided  that  such  districts  are 
wholly  within  the  county.  In  arranging  the  assem- 
bly districts,  each  county  is  entitled  to  at  least  one 
assemblyman  (except  Hamilton,  which  is  for  this  pur- 
pose regarded  as  a  part  of  Fulton).  The  county  may 
be  subdivided  into  two  or  more  assembly  districts,  if 
the  population  requires  more  than  one  representative.^ 

Members  of  the  legislature  must  be  citizens  of  the  Quaiifica- 
State  and  twenty-one  years  of  as^e.     But  no  person  ^^°"^^"^ 

■^  -^  °  ■■■  privileges  ot 

is  eligible  to  either  house,  who  is,  or  has  been,  within  members. 
one  hundred  days  previous  to  his  election,  a  member 
of  the  United  States  Congress,  a  civil  or  military  offi- 
cer of  the  United  States,  or  an  officer  of  any  city  gov- 
ernment ;  and  his  acceptance  of  any  such  position 
after  his  election  vacates  his  seat  in  the  legislature.^ 
An  important  privilege  granted  to  members  of  each 

1  For  the  limits  of  various  senate  and  assembly  districts  of  the  State, 
see  the  Constitution  of  N'ezv  York,  Art.  III.  §§  3,  4,  5. 

2  Constitution  of  New  York,  Art.  III.  §  8. 


of  the  legis- 
lature. 


84  Government  of  New  York 

house  is  their  exemption  from  arrest  in  a  civil  action, 
while  in  attendance  upon  a  session.  Furthermore, 
a  member  cannot  be  questioned  in  any  other  place 
for  the  statements  made  on  the  floor  of  either 
house. 
Organization  The  legislature  meets  annually  on  the  first  Wednes- 
day of  January,  at  Albany.  The  two  houses  are 
organized  by  the  election  of  officers,  and  the  appoint- 
ment of  legislative  committees.  The  presiding  offi- 
cer of  the  Senate  is  the  lieutenant  governor,  who  is 
called  the  "president  of  the  senate."  In  case  of  his 
absence,  a  temporary  president  may  be  elected  by 
the  members.  The  presiding  officer  of  the  Assembly 
is  chosen  from  and  by  the  members,  and  is  called  the 
"  speaker  of  the  assembly."  Each  house  has  a  large 
number  of  subordinate  officers,  such  as  clerks,  ste- 
nographers, janitors,  etc.,  some  of  whom  are  appointed 
by  the  presiding  officer,  and  some  chosen  by  the 
house.  Each  house  makes  its  own  rules  of  proce- 
dure and  is  judge  of  the  qualifications  of  its  own 
members.  A  majority  of  each  house  constitutes  a 
quorum  to  do  ordinary  business  ;  but  in  certain  cases 
three-fifths  of  the  members  are  required.^  An  essen- 
tial feature  of  the  organization  of  each  house  is  the 
appointment  of  legislative  committees  for  the  consid- 
eration of  the  various  classes  of  bills  which  are  pro- 
posed. These  committees  are  appointed  by  the 
presiding  officer  of  each  house,  to  consider  in  detail 
the  different  matters  which  are  made  the  subject  of 
legislation  —  such  as  finance,  taxation  and  retrench- 
ment, canals,  railroads,  j^ublic  education,  agriculture, 
cities,  etc.     The  work  of  these  committees  forms  an 

^  Constitution  of  New  York^  Art.  III.  §  25. 


The  Central  Government  of  the  State         85 

important  feature  in  the  process  of  legislation.  In 
all  matters  of  legislation  the  two  houses  are  equal  and 
coordinate,  even  bills  of  revenue  being  introduced  in 
either  house.  The  legislature  has  not  only  legislative 
powers,  but  also  certain  executive  and  judicial  powers. 
In  matters  of  appointment,  the  Senate  may  approve  or 
reject  the  nominations  made  by  the  governor.  In 
the  impeachment  of  public  officers,  the  charges  are 
made  by  the  Assembly,  and  the  trial  takes  place  before 
the  senators,  who,  together  with  the  judges  of  the  court 
of  appeals,  constitute  a  special  court. 

33.     Processes  of  Legislation 

The  chief  duty  of  the  legislature  is  to  pass  laws  General 
which  shall  protect  and  promote  the  interests  of  the  p^°^^^^°"^* 
State.  Certain  rules  of  procedure  have  been  laid 
down  which  are  intended  to  guide  the  members  in 
their  work,  and  also  to  prevent  hasty  legislation. 
Every  law  must  be  passed  by  both  houses,  and  re- 
quires the  assent  of  the  majority  of  the  members 
elected  to  each  house.  But  bills  appropriating  money 
for  local  or  private  purposes  require  the  assent  of 
two-thirds  of  the  members  elected.  Any  bill  which 
originates  in  one  house  may  be  amended  in  the  other. 
The  enacting  clause  of  all  bills  is  this  :  ''The  People 
of  the  State  of  New  York  represented  in  the  Senate 
and  Assembly  do  enact  as  follows ;  "  and  no  law  can 
be  enacted  except  by  being  presented  in  the  form  of 
a  bill. 

The   passage   of    a   bill   through    either    house   is  The  "three 
marked  by  three  important  stages,  called  the  ''  three  ^^^^^"ss. 
readings."   (i)   A  bill  may  be  introduced  in  either 


S6  Government  of  New  York 

house  by  a  member,  or  by  a  committee,  or  by  a  mes- 
sage from  the  other  house,  when  it  is  read  for  \S\q  first 
time  (generally  by  title)  and  referred  to  the  appropri- 
ate standing  committees.  (2)  After  its  due  consider- 
ation by  this  committee,  if  it  is  thought  worthy  of 
further  consideration,  it  is  reported  to  the  house,  with 
such  modifications  as  the  committee  may  see  fit  to 
suggest.  If  the  report  is  approved,  the  bill  is  placed 
upon  the  order  of  the  second  reading,  when  it  is  read 
and  debated,  section  by  section,  and  may  be  adopted 
in  whole  or  a  part,  or  amended,  or  referred  to  the 
**  committee  of  the  whole  "  for  further  consideration. 
(3)  After  the  passage  of  the  bill  upon  the  second 
reading,  it  must  be  printed  and  placed  upon  the  desks 
of  the  members  for  at  least  three  days  before  its  final 
passage  —  unless  the  governor  requests  its  immediate 
passage.  Upon  its  tJiird  and  last  reading,  it  is  pre- 
sented to  the  house  for  final  passage,  when  no  amend- 
ments are  permitted,  and  the  yeas  and  nays  are 
entered  upon  the  journal. 
Approval  of  When  a  bill  has  passed  both  houses  it  is  sent  to  the 
the  governor.  gQygj-Ror  for  his  approval.  If  he  approves  it,  he  signs 
it  and  it  becomes  a  law.  If  he  disapproves  it,  he  may 
"veto"  it,  that  is,  return  it  with  his  objections  to  the 
house  in  which  it  originated.  The  bill  may  become 
a  law  without  the  governor's  signature,  in  two  ways : 
(i)  if  he  does  not  return  it  within  ten  days  (Sundays 
excepted)  after  he  receives  it ;  or  (2)  if  it  again 
passes  both  houses  by  a  two-thirds  vote.  No  bill, 
however,  can  become  a  law  after  the  final  adjourn- 
ment of  the  legislature,  unless  approved  by  the  gov- 
ernor within  thirty  days  after  such  adjournment.  It 
will  thus  be  seen  that  the  governor  forms,  in  a  very 


The  Central  Government  of  the  State  87 

important  sense,  a  part  of  the  legislative  branch  of 
the  government. 

34.     Restrictions  upon  the  Legislature 

The  general  law-making  power  of  the  State  is  not,  General 
like  that  of  the  United  States  Congress,  hmited  to  ^^^^^^i^^io^s. 
specially  defined  subjects.  It  extends  to  any  subject 
v/hich  the  legislature  sees  fit  to  act  upon,  provided  it 
is  not  expressly  prohibited  from  such  action  by  the 
constitution  of  the  State,  or  by  the  Constitution  of  the 
United  States.  In  other  words,  the  United  States 
Congress  may  do  nothing  except  what  it  has  been 
expressly  authorized  to  do ;  the  State  legislature  may 
do  anything  in  the  way  of  legislation  that  it  is  not 
expressly  prohibited  from  doing.  There  are  some 
things,  however,  that  it  is  prohibited  from  doing.  In 
the  first  place,  it  may  not  pass  a  law  repugnant  to  the 
Federal  Constitution ;  if  it  should  do  so,  such  a  law 
would  be  declared  void.  Its  authority  is  thus  re- 
stricted to  the  reserved  powers  of  the  State.  In  the 
next  place,  it  is  prohibited  from  doing  certain  things 
by  the  State  constitution.  For  example,  to  prevent 
certain  underhanded  practices,  it  is  forbidden  to  pass 
an  appropriation  bill  which  contains  any  provision 
not  relating  to  the  appropriation.^ 

One  of  the  most  important  restrictions  imposed  Private  and 
upon  the  legislature  relates  to  the  passage  of  private 
or  local  bills.  It  may  not  pass  such  a  bill  embracing 
more  than  one  subject,  and  that  must  be  expressed  in 
the  title.  There  are  certain  bills  of  a  private  and 
local  nature  which  it  may  not  pass  at  all,  such  as  those 

1  Constitution  of  New  York,  Art.  III.  §  22. 


local  bills. 


88 


Government  of  Neiv  York 


Financial 
restrictions. 


which  relate  to  the  changing  of  the  names  of  per- 
sons ;  laying  out  or  altering  highways  ;  locating  or 
changing  county  seats ;  incorporating  villages,  and 
many  other  matters  which  will  be  found  specified  in 
the  constitution.^  The  general  purpose  of  these 
restrictions  is  to  prevent  special  legislation  upon 
matters  which  can  be  more  properly  provided  for  by 
general  laws. 

Certain  restrictions  are  also  placed  upon  the  legis- 
lature relating  to  the  use  of  the  people's  money,  and 
to  the  credit  of  the  State.  The  legislature  may  not 
lend  the  State's  money  or  credit  for  the  benefit  of  an 
individual  or  a  corporation.  It  may  not  incur  debts 
to  meet  current  expenses  to  an  amount  exceeding 
1^1,000,000,  except  to  defend  the  State  in  time  of  war 
or  insurrection,  and  the  money  thus  raised  must  be 
applied  to  no  other  purpose.  No  extraordinary  debt 
may  be  contracted,  unless  authorized  by  law  for  a 
specified  object,  and  unless  it  has  been  submitted  to 
and  approved  by  the  people.^ 


The  State 
executive. 


35.     The  Executive  Branch 

The  executive  branch  of  the  government  consists 
of  those  officers  who  are  elected  by  the  people  (or 
appointed  by  those  who  are  elected)  for  the  purpose 
of  carrying  into  execution  the  laws  passed  by  the 
legislature.  We  may  say  that  the  legislature  formu- 
lates the  will  of  the  people,  and  the  executive  puts 
it  into  operation.  In  considering  the  executive  branch 
of  the  State  government,  we  should  notice  that  it  is 


1  Constittition  of  New  York,  Art.  III.  §  18. 

2  Ibid.,  Art.  VII.  §§1-4. 


The  Central  Government  of  the  State  89 

somewhat  different  from  the  corresponding  branch 
of  the  Federal  Government.  In  the  latter  all  ex- 
ecutive power  is  centralized  in  the  hands  of  the 
President,  who  is  elected  by  the  people,  the  other 
executive  ofificers  being  subordinate  and  responsi- 
ble to  him.  In  the  State  government,  on  the  other 
hand,  the  executive  power,  while  it  is  said  to  be 
vested  in  the  governor,  is  in  fact  distributed  among 
several  officers,  each  of  whom  is  elected  by  the  people 
and  responsible  to  them.  The  governor  is  not,  there- 
fore, like  the  President,  solely  and  exclusively  respon- 
sible for  the  execution  of  the  laws.  This  responsibility 
rests  upon  others  as  well  as  upon  the  governor.^ 

The  governor  is  yet  the  most  important  executive  Governor 
officer  of  the  State.  He  is  elected  by  the  people,  and  ^enanTgov- 
holds  his  office  for  two  years.  He  must  be  a  citizen  emor. 
of  the  United  States,  thirty  years  of  age,  and  a  resi- 
dent of  the  State  for  five  years  preceding  his  election. 
He  is  the  representative  head  of  the  State,  and  is 
commander-in-chief  of  the  military  and  naval  forces. 
He  has,  in  connection  with  the  Senate,  the  appoint- 
ment of  a  large  number  of  administrative  officers. 
Besides  his  general  duty  to  see  that  the  laws  are  exe- 
cuted, so  far  as  he  is  a.ble,  he  has  special  relations  to 
the  legislature.  He  may  convene  both  houses,  or  the 
senate  only,  on  extraordinary  occasions.  At  every 
session  of  the  legislature  he  must  send  to  it  a  "  mes- 
sage "  describing  the  condition  of  the  State,  and 
recommending  such  measures  as  he  thinks  best.  By 
his  "  veto  power,"  previously  described  (p.  S6),  he 
has  a  prominent  part  in  making  the  laws.     The  gov- 

1  For  the  distinction  between  the  Federal  and  State  executives,  see 
Wilson,  The  State,  revised  edition,  §§  1183-1185. 


90  Govevjwient  of  Neiv  York 

ernor  also  exercises  a  kind  of  judicial  power,  in  that 
he  may  reprieve,  pardon,  or  commute  the  sentence  of 
criminals  convicted  in  the  courts  —  except  in  the  cases 
of  treason  and  impeachment.  In  case  the  oiifice  of 
governor  becomes  vacant  from  any  cause,  its  duties 
devolve  upon  the  lieutenant  governor,  who  must  have 
the  same  qualifications  as  the  governor,  and  is  elected 
in  the  same  way.  The  ordinary  duty  of  the  lieutenant 
governor  is  to  preside  over  the  Senate.  In  case  of  the 
death  of  both  governor  and  lieutenant  governor,  the 
office  of  governor  devolves  upon  the  president  of  Sen- 
ate, and  afterward  upon  the  speaker  of  the  Assembly.^ 
Other  eiec-  Besidcs  the  governor  and  lieutenant  governor,  there 

tive  officers.  ^^^  elected  at  the  same  time  and  for  the  same  term, 
five  other  officers,  who  possess  important  execu- 
tive duties,  (i)  The  secretary  of  state  has  charge 
of  the  State  records,  superintends  the  printing  and 
publication  of  the  laws,  and  keeps  the  seal  of  the 
State,  which  is  necessary  to  authenticate  the  State 
documents.  (2)  The  comptroller  is  the  chief  finan- 
cial officer  of  the  State  :  he  reports  to  the  legislature 
the  annual  revenues,  expenditures,  and  estimates ; 
superintends  the  collection  of  the  State  taxes ;  audits 
and  settles  the  accounts  due  to  and  from  the  State ; 
and  issues  the  warrants,  or  orders,  for  all  moneys 
drawn  from  the  treasury.  (3)  The  treasurer  is  the 
custodian  of  all  moneys  paid  into  the  treasury  from 
whatever  source,  and  pays  out  the  money  on  warrants 
issued  by  the  comptroller.  (4)  The  attorney  general 
is  the  law-officer  of  the  State ;  he  represents  the 
State  in  all  suits  in  which  it  is  interested ;  prosecutes 
criminals  when  so  requested  to  do  by  the  governor 

^  Constitution  of  New  York,  Art.  IV.  §  7. 


The  Central  Government  of  the  State         91 

or  justices  of  the  supreme  court;  and  advises  the 
State  officers  upon  questions  of  law.  (5)  The  State 
engineer  and  surveyor  has  charge  of  the  laying  out 
of  the  public  lands,  and  has  general  supervision  over 
the  construction  and  improvements  of  the  canals.^ 

In  addition  to  these  elective  officers  there  are  a  Appointive 
large  number  of  appointive  officers,  who  are  charged  °  ^^^^' 
Vv^ith  special  administrative  duties,  and  whose  terms 
vary  from  three  to  eight  years.  Among  the  most 
important  of  these  are  the  superintendent  of  public 
works,  of  the  banking  department,  of  the  insurance 
department,  and  of  the  State  prisons.  These  are 
appointed  by  the  governor,  with  the  consent  of  the 
senate.  The  superintendent  of  weights  and  meas- 
ures is  appointed  by  the  governor,  lieutenant  gov- 
ernor, and  secretary  of  state ;  the  superintendent  of 
public  buildings  is  appointed  by  the  governor,  lieu- 
tenant governor,  and  the  speaker  of  the  Assembly. 
The  superintendent  of  public  instruction  is  chosen 
by  the  joint  ballot  of  the  Senate  and  Assembly. 

Besides  these  individual  officers,  much  of  the  ad-  Administra- 
ministrative  work  of  the  State  is  put  into  the  hands  '^^  ^^^  ^' 
of  commissioners  and  boards,  generally  appointed  by 
the  governor  and  the  senate,  such  as  the  civil  service 
commissioners,  railroad  commissioners,  forest  com- 
missioners, commissioners  of  claims,  the  board  of 
charities,  and  many  others.  All  these  officers  have 
their  duties  assigned  to  them  by  law,  or  by  the  con- 
stitution, and  are  performing  public  services  in  the 
interests  and  for  the  welfare  of  the  people.^ 

1  Constitjition  of  New  York,  Art.  V,  §§  i,  2. 

2  See  Legislative  Mamtal.    There  are  nearly  seventy  of  these  special 
administrative  officers  and  boards  —  including  managers  of  public  insti- 


92  Government  of  Neiv  York 

Civil  Service  The  offices  and  positions  of  trust  and  employment 
donT/^^'  ^^  ^^^^  State  (except  those  of  a  mihtary  character) 
make  up  what  is  called  the  "civil  service."  To  se- 
cure fit  persons  for  these  positions,  and  to  curtail  the 
abuses  growing  out  of  the  '^  spoils  system,"  is  the 
purpose  of  civil  service  reform.  The  State  has  com- 
mitted itself  to  this  reform.  The  constitution  pro- 
vides that  appointments  shall  be  made  according  to 
fitness,  to  be  ascertained,  so  far  as  practicable,  by 
competitive  examination  —  preference  being  given  to 
honorably  discharged  soldiers  and  sailors  of  the  Civil 
War.^  This  constitutional  provision  has  been  carried 
into  effect  by  the  civil  service  law,  the  execution  of 
which  is  placed  in  the  hands  of  the  State  civil  ser- 
vice commission.^  The  civil  service  of  the  State  is 
divided  into  two  classes  :  ( i )  the  "unclassified "  service, 
including  elective  offices,  offices  filled  by  the  legisla- 
ture, or  by  the  governor's  appointment,  and  certain 
other  high  appointive  offices  ;  and  (2)  the  "classified" 
service,  which  comprises  the  great  body  of  minor 
offices  and  positions  filled  by  appointment  To  this 
latter  class  of  offices  a  person  may  be  appointed  only 
after  having  passed  a  satisfactory  examination ;  and 
when  once  appointed,  a  person  may  be  removed  only 
"for  cause,"  that  is,  for  a  good  and  sufficient  reason. 
This  mode  of   appointment  generally  insures  more 

tutions  —  which  have  been  added  from  time  to  time,  with  little  regard  to 
the  systematic  and  efficient  organization  of  the  executive  department; 
so  that  it  may  be  said  that  the  administrative  work  of  the  State  is  per- 
formed through  a  cumbersome  piece  of  machinery  hardly  consistent 
with  the  requirements  of  a  great  and  progressive  State.  The  variety 
of  officers  and  boards  having  charge  of  administrative  work  may  be 
seen  by  referring  to  Appendix  D,  §  97  of  this  volume. 

^  Constitution  of  Nezv  York,  Art.  V.  §  9.       ^  General  Laivs,  ch.  3. 


The  Central  Government  of  the  State  93 

satisfactory  service  in  the  administrative  work  of  the 
government  than  has  before  been  possible. 


36.     The  Judicial  Branch 

The  judicial  branch  of  the  government  consists  of  The  state 
those  officers  whose  duty  it  is  to  settle  disputes  aris-  J^^^'^^^^y- 
ing  under  the  law,  and  to  protect  the  legal  rights  of 
citizens  and  of  the  community  from  infringement. 
These  officers  are  called  judges  or  justices.  They 
are,  with  few  exceptions,  elected  by  the  people,  and 
usually  hold  their  positions  for  a  longer  time  than  is 
the  case  with  the  executive  officers.  Their  duties  are 
generally  performed  while  sitting  in  court.  The 
court  may  consist  of  a  single  judge  or  a  number  of 
judges.  For  our  present  convenience  we  may  con- 
sider the  courts  of  the  State  as  divided  into  two 
groups:  (i)  the  general  courts,  whose  jurisdiction 
extends  throughout  the  entire  State ;  and  (2)  the 
local  courts,  whose  jurisdiction  is  limited  to  special 
localities.  Passing  over  the  latter  class,  until  we  come 
to  consider  the  local  governments  with  which  they 
are  related,  we  may  here  take  a  brief  survey  of  the  gen- 
eral courts  of  the  State.  These  comprise  the  court 
for  the  trial  of  impeachments,  the  court  of  appeals, 
the  supreme  court,  and  the  court  of  claims. 

The  court  for  the  trial  of  impeachments  is  specially  Court  for  the 
ore^anized  for  the  trial  of  public  officers  aofainst  whom  tnaiofim- 

^  ^  ^  ^  peachments. 

a  bill  of  impeachment  has  been  brought  by  the  as- 
sembly. It  is  composed  of  the  president  of  the  sen- 
ate, the  senators,  or  a  majority  of  them,  and  the 
judges  of  the  court  of  appeals,  or  a  majority  of  them. 
A  conviction  requires  a  two-thirds  vote  of  the  mem- 


94  Govenmient  of  New  Yoj'k 

bers  of  the  court;  and  the  judgment  of  the  court  may 
extend  no  farther  than  to  removal  from  office,  and  to 
disquahfication  from  holding  any  office  of  trust  under 
the  State.  The  person  so  convicted,  however,  may 
also  be  tried  and  convicted  in  other  courts,  according 
to  the  ordinary  processes  of  law. 
Court  of  The  court  of  appeals  is  the  highest  appellate  court 

appeas.  ^^  ^^  State,  that  is,  the  highest  court  to  which  ap- 
peals involving  questions  of  State  law  can  be  brought 
from  the  lower  courts.  It  is  composed  of  one  chief 
judge  and  six  associate  judges,  elected  by  the  voters 
of  the  whole  State  for  the  term  of  fourteen  years.  It 
holds  its  sessions  at  Albany.  Five  members  consti- 
tute a  quorum,  and  the  concurrence  of  four  is  neces- 
sary for  a  decision.  Its  jurisdiction  is  limited  to  a 
review  of  questions  of  law  —  except  in  criminal  cases 
involving  life  and  death,  when  questions  of  fact  may 
also  be  reviewed. 
Supreme  The  suprcmc  court  is  in  some  respects  the  most 

important  court  in  the  State.  It  has  both  original 
and  appellate  jurisdiction,  in  civil  and  criminal  cases, 
without  any  Hmit  to  the  judgment  which  may  be  in- 
volved. It  is  composed  of  seventy-six  judges  elected 
by  the  people  for  the  term  of  fourteen  years.  For 
the  organization  of  this  court,  the  State  is  divided 
into  four  "judicial  departments,"  and  eight  "judicial 
districts."  ^  There  are  twenty  justices  elected  in  the 
first  district ;  twelve  in  the  second  district ;  six  in 
each  of  the  third,  fourth,  and  sixth  districts ;  seven 
in  each  of  the  fifth  and  seventh  districts;  and  ten  in 
the  eighth  district.  Although  elected  by  the  voters 
of  their  respective  districts,  the  jurisdiction  of  each 

1  See  Appendix  C,  §  96. 


court. 


TJie  Central  Govertwient  of  the  State  95 

justice  extends  to  every  part  of  the  State.  For  the 
proper  exercise  of  its  judicial  functions,  the  duties  of 
the  supreme  court  are  separated  into  those  per- 
formed by  the  appellate  division,  and  those  performed 
at  the  special  and  trial  terms. 

There  is  an  appellate  division  corresponding  to  Appellate 
each  of  the  four  great  judicial  departments.  The  '^^^^°"- 
justices  for  each  department  are  selected  and  ap- 
pointed by  the  governor  from  the  whole  body  of 
justices  elected  to  the  supreme  court.  There  are 
seven  appellate  justices  appointed  for  the  first  de- 
partment, who  sit  at  New  York  City ;  and  four  for 
each  of  the  second,  third,  and  fourth  departments, 
who  sit  respectively  at  Brooklyn,  Albany,  and  Roch- 
ester. No  justice  may  hold  his  position  in  the 
appellate  division  for  more  than  five  years.  In  each 
department  four  justices  constitute  a  quorum,  and 
a  concurrence  of  three  is  necessary  for  a  decision. 
The  chief  duty  of  the  appellate  division  is  to  review 
questions  brought  to  it  on  appeal  from  the  lower 
courts,  or  from  the  special  and  trial  terms  of  the 
supreme  court. 

The  remaining  functions  of  the  supreme  court  are  Special  and 
exercised  at  the  special  and  trial  terms.  These  are  ^"^^  ^^^t^^^- 
held  in  each  county  of  the  State  ;  and  at  each  term 
the  judicial  duties  are  performed  by  a  single  justice. 
At  the  special  term  the  judge  hears  and  decides 
equity  cases,  and  special  motions  or  questions  of  law, 
not  requiring  the  aid  of  a  jury.  At  the  trial  term, 
civil  and  criminal  cases,  which  usually  involve  ques- 
tions of  fact,  are  tried  with  the  aid  of  a  jury.  The 
jury,  however,  may  be  dispensed  with  in  civil  cases, 
on  the  request  of  both  the  litigant  parties. 


96  Government  of  New  York 

Court  of  The  court  of  claims  is  a  special  court  to  hear  and 

claims.  determine  private  claims  against  the  State.     A  State 

may  not  be  sued  by  a  private  citizen  without  its  own 
consent ;  but  by  establishing  such  a  special  court, 
New  York  permits  its  own  citizens  to  bring  a  suit 
against  itself,  so  that  their  claims  may  be  justly 
settled.  The  court  consists  of  three  judges,  ap- 
pointed by  the  governor,  with  the  consent  of  the 
Senate,  for  the  term  of  six  years.  It  holds  four  ses- 
sions each  year  in  the  city  of  Albany,  at  which  the 
attorney  general  represents  the  interests  of  the 
State.i 

1  Notaries  public  and  commissioners  of  deeds  may  be  noticed  as 
officers  who  have  important  legal  functions.  They  take  affidavits, 
administer  oaths,  and  acknowledge  the  execution  of  legal  papers,  such 
as  deeds,  mortgages,  etc. 


CHAPTER   VII 
THE  LOCAL   GOVERNMENTS    OF   THE    STATE 

37.    References 

Wilson,  The  State,  §§  1209-1259,  "Local  Government";  Johns 
Hopkins  University  Stzidies,  Series  I.,  "Local  Institutions";  Howard, 
Local  Constitutional  History  of  the  United  States ;  ^ryce,  A/uerican 
Commonwealth,  ch.  48,  "  Local  Government,"  ch.  49,  "  Rural  Local 
Government,"  ch.  50,  "Government  of  Cities,"  ch.  51,  "Working  of 
City  Governments  ";  Fiske,  American  Political  Ideas,  I., "  Town-^SIeet- 
ing"  ;  and  Civil  Government  in  the  United  States,  ch.  2,  "The  Town- 
ship," ch.  3,  "The  County,"  ch.  5,  "The  City  ";  Woolsey,  Political  Sci- 
ence, Part  in.  ch.  10,  "Institutions,  Local  and  Self  Government"; 
Wilcox,  Study  of  City  Government ;  Goodnow,  Alunicipal  Problems, 
and  Alunicipal  Home  Rule ;  Conkling,  City  Government  in  the  United 
States;  Jameson,  "Municipal  Government  in  New  York  "  (in  Maga- 
zine of  American  History,  VIII.  609). 

Constitution  of  N'eiv  York,  Art.  X.,  "  County  Officers,"  hxS..  XII, , 
"Cities  and  Incorporated  Villages,"  Art.  VI.  §  14,  "  County  Courts," 
§  15,  "  Surrogates'  Courts,"  §  17,  "Justices  of  the  Peace";  General  Laws 
of  New  York,  ch.  17,  "The  General  Municipal  Law,"  ch.  18,  "The 
County  Law,"  ch.  20,  "  The  Town  Law,"  ch.  23,  "  The  Village  Law," 
ch.  22,  "The  General  City  Law";  Laws  of  Nezv  York,  i8gy,  ch.  378, 
Charter  of  New  York  City;  also  igoi,  ch.  406,  Revised  Charter  of  New 
York  City;  Laws  of  New  York,  i8gS,  ch.  182,  "An  Act  for  the  Gov- 
ernment of  Cities  of  the  Second  Class";  Neiv  York  Code  of  Civil 
Procedure,  ch.  3,  "Jurisdiction  and  Organization,"  ch.  18,  "  Surrogates' 
Courts,"  ch.  19,  '*  Justices'  Courts." 

38.     The  County  Government 

We  have  already  seen  that  the  organization  of  the   importance 
State  government  requires  for  certain  purposes  the  divisions. 
H  97 


98 


Government  of  New  York 


Growth  of 
the  county 
system. 


formation  of  local  districts.  For  example,  the  organ- 
ization of  the  legislature  is  based  upon  the  division 
of  the  State  into  senate  districts  and  assembly  dis- 
tricts, which  are  in  turn  based  upon  the  counties. 
Also,  the  organization  of  the  State  judiciary  requires 
the  formation  of  judicial  departments  and  judicial 
districts.  But  it  will  be  seen  that  local  divisions  are 
useful  for  other  purposes.  The  government  requires 
not  only  general  officers  to  look  after  general  inter- 
ests, but  local  officers  to  look  after  local  interests. 
The  administration  of  the  laws  throughout  the  entire 
State  requires  the  presence  of  officers  in  every  part 
of  the  territory.  Moreover,  the  special  interests  of 
each  locality  can  best  be  ascertained  and  provided 
for  by  those  who  are  most  closely  related  to  the  local- 
ity itself.  For  these  reasons  the  territorial  divisions 
of  the  State  form  a  very  important  factor  in  the  gov- 
ernment. Briefly  stated,  they  furnish  a  basis  for  the 
organization  of  the  central  government ;  they  are  use- 
ful as  administrative  districts,  whereby  the  laws  of 
the  State  can  be  carried  into  execution ;  and  more 
than  all  else,  they  serve  as  areas  of  local  self-govern- 
ment, where  the  people  of  a  single  locality  can,  to  a 
certain  extent,  govern  themselves. 

When  looked  at  from  all  these  points  of  view,  the 
most  important  local  division  of  the  State  is  probably 
the  county.  Our  present  county  system  is  the  result 
of  gradual  growth.  It  was  at  first  modelled  after  the 
English  county,  or  shire,  which  had  itself  come  down 
from  the  Anglo-Saxon  period,  and  more  remotely 
from  the  tribal  organization  of  the  ancient  Germans.^ 

1  Fiske,  Civil  Government,  48-54;  Howard,  Local  Constitutional 
History  of  the  United  States,  I.  ch.  6. 


The  Local  Governments  of  the  State  99 

The  first  counties,  established  by  the  assembly  of 
1683,  were  intended  to  furnish  a  basis  for  representa- 
tion, and  to  be  used  as  judicial  districts  in  place  of 
the  previous  "ridings."  The  only  officers  which  they 
had  were  the  officers  of  the  county  courts,  appointed 
by  the  governor.  But  the  counties  soon  came  to  be 
something  more  than  mere  representative  and  judi- 
cial districts.  When  it  became  necessary  to  build 
courthouses  and  jails  to  aid  in  the  administration  of 
justice,  and  to  do  other  important  things,  it  came  to 
be  customary  to  call  together  the  town  supervisors  to 
apportion  the  necessary  taxes  among  the  several 
towns  of  the  county.  In  this  way  the  town  super- 
visors came  to  be  regarded  as  a  county  board.  Upon 
this  board  the  State  gradually  bestowed  more  and 
more  powers ;  new  offices  were  created,  until  the 
county  has  finally  come  to  be  a  municipal  corporation 
"  for  the  purpose  of  exercising  the  powers,  and  dis- 
charging the  duties  of  local  government,  and  the  ad- 
ministration of  public  affairs  conferred  upon  it  by 
the  law."  1 

1  General  Laws  of  New  York,  ch.  18,  §  2.  The  growth  of  the  New 
York  county  can  be  clearly  traced  in  the  Session  Laws  of  the  State. 
The  laws  of  1774  and  1775  contain  a  number  of  special  acts  authoriz- 
ing the  supervisors  in  the  counties  of  Albany,  Orange,  Tryon,  and 
Ulster,  to  erect  courthouses  and  jails.  The  first  general  act  relating 
to  counties  was  passed  in  1 778,  entitled  "An  Act  for  defraying  the 
public  and  necessary  charges  in  the  respective  counties  of  the  State  " 
{Laws,  1778,  ch.  65),  providing  for  an  annual  meeting  of  the  supervisors 
of  the  county  to  examine  all  accounts  charged  against  the  county,  and 
to  apportion  the  assessments  among  the  several  towns.  This  law  also 
authorized  the  board  in  each  county  to  appoint  a  clerk  and  a  county 
treasurer.  Later,  the  supervisors  were  compelled,  under  a  penalty  of 
3250,  to  raise  the  money  necessary  for  the  erection  of  pubUc  buildings, 
and  for  other  county  purposes,  when  such  was  directed  to  be  raised  by 


100  Government  of  New  York 

The  county  The  legislative  power  of  the  county  is  vested  in  the 
egisatuie.  board  of  supcrvisors,  which  is  composed  of  one 
supervisor  from  each  town  and  city  ward  in  the 
county,  elected  every  two  years.  As  the  supervisors 
are  elected  by  the  people  of  the  towns  and  wards, 
and  as  each  one  is  also  an  officer  of  the  town  or  ward 
in  which  he  is  elected,  the  interests  of  these  minor 
divisions  are  fully  represented  in  the  county  board. 
The  powers  exercised  by  the  board  are  granted  by 
the  State  legislature ;  and  hence  it  can  do  nothing 
which  it  is  not  specially  authorized  to  do  by  the  State 
law.  Without  attempting  to  enumerate  these  powers 
in  detail,  they  relate  in  general  to  the  care  of  the 

an  act  of  the  legislature  (^Laius,  iSo'j,  ch.  14).  Upon  the  county  board 
other  powers  were  gradually  conferred;  for  example,  to  pay  the  fees  of 
district  attorneys  {Laws,  j8i8,  ch.  283) ;  to  certify  to  the  accounts  of 
loan  officers  {Lazus,  18 ig,  ch.  36) ;  to  award  a  specified  bounty  for  the 
destruction  of  wolves  {Laivs,  1822,  ch.  26) ;  to  raise  the  amount  of  any 
balance  due  the  State  for  taxes  {Lazvs,  1822,  ch.  27) ;  to  raise  a  speci- 
fied sum  for  the  encouragement  of  agriculture  {Lazvs,  1822,  ch.  236). 
From  1829  to  1838  there  were  about  three  hundred  and  fifty  acts  of 
special  legislation  conferring  specified  powers  upon  the  different  county 
boards  of  the  State  (see  Laws  of  these  years,  Index,  "County"). 
From  1838  began  a  series  of  general  acts  enlarging  the  authority  of 
county  boards  throughout  the  State,  including  the  power  to  change  the 
boundaries  of  towns  and  erect  new  ones;  to  purchase  real  estate,  and 
erect  buildings  for  the  care  of  the  poor;  to  borrow  and  loan  money; 
to  make  laws  for  the  destruction  of  wild  beasts,  and  noxious  weeds, 
etc.  (see  Lmws,  1838,  ch.  314;  i84g,  ch.  194;  i8_58,  ch.  190;  iSy^,  chs. 
251,  482;  /(S'79,  chs.  275,  534;  1880,  ch.  336;  1882,  chs.  60,  250,  317; 
i88s,  ch.  403;  1884,  ch.  141;  188^,  ch.  439;  1886,  chs.  335,  340).  By 
this  succession  of  laws,  the  county  board,  composed  of  the  supervisors 
of  the  several  towns,  was  gradually  developed  into  a  local  governing 
body,  with  legislative  and  administrative  functions.  Finally,  by  the 
law  of  1892  (ch.  686),  the  various  existing  laws  relating  to  counties 
were  compiled  into  a  general  law  which  defines  the  present  county 
system  of  the  State  (see  General  Laws,  ch.  8). 


The  Local  Governments  ^of  t7ie^ State         lOi 

public  property  of  the  county ;  the  raising  of  money, 
and  paying  the  expenses  necessary  to  carry  on  the 
county  government ;  the  destruction  of  wild  animals 
and  noxious  weeds ;  the  erection  of  towns  and  school 
districts  within  the  county ;  and  the  construction  of 
roads  and  bridges  and  erection  of  county  buildings. 
The  board  is  specially  prohibited  from  authorizing 
the  county  or  any  town  to  make  a  debt  exceeding 
one-tenth  of  the  assessed  valuation  of  the  real  estate 
in  the  county  or  town,  unless  by  assent  of  the  ma- 
jority of  the  electors  of  the  town  or  county ;  and  in 
no  case  may  a  debt  be  incurred  to  exceed  one-third 
of  such  assessed  valuation.^ 

The  executive  officers  of  the  county  are  elected  by  The  county 
the  voters  of  the  county  for  the  term  of  three  years.  ^^^'^^^^^^• 
They  are  :  (i )  The  sheriff,  whose  duty  it  is  to  preserve 
the  peace  of  the  county,  to  execute  the  orders  of  the 
county  court,  to  arrest  criminals,  and  to  have  the 
charge  of  persons  confined  in  the  county  jail ; 
(2)  the  district  attorney,  who  is  the  public  prose- 
cuting officer,  and  the  legal  adviser  of  other  officers 
and  of  the  grand  jury,  and  v/ho  represents  the  county 
in  all  suits  brought  by  or  against  it;  (3)  the  county 
treasurer,  who  has  the  custody  of  all  the  moneys 
belonging  to  the  county,  keeping  an  account  of  all 
receipts  and  expenditures,  and  filing  an  annual  report 
with  the  county  clerk,  and  with  the  State  comptroller; 
(4)  the  county  clerk,  who  has  charge  of  all  books 
and  records,  deeds,  mortgages,  and  other  documents 
which  are  required  by  law  to  be  deposited  in  his 
office;  (5)  the  coroners,  who  investigate  the  causes 

1  Constittition  of  Nezv  York,  Art.  VIII.  §  10;  General  Laws  of  A'ew 
York,  ch.  18,  §§  12,  13, 


I02  Government  of  New  York 

of  sudden  death,  and  who  may  also  be  authorized  to 
perform  the  duties  of  the  sheriff  in  the  absence  or 
disabiUty  of  that  officer ;  (6)  the  superintendent  of 
the  poor,  who  has  charge  of  the  almshouse  and  the 
indigent  poor  of  the  county;  and  (7)  the  school 
commissioner,  who  has  charge  of  the  schools  of  the 
county. 
The  county  The  judicial  authority  within  the  county  is  exercised 
ju  iciary.  -^^  ^^  county  judgc  and  the  Surrogate.  These  officers 
are  elected  by  the  voters  of  the  county  for  the  period 
of  six  years ;  their  jurisdiction  is  limited  to  the  county 
in  which  they  are  elected.  The  judicial  system  of 
the  county  regularly  comprises  the  county  court,  the 
surrogate's  court,  and  the  grand  jury,  (i)  The  county 
court  is  presided  over  by  the  county  judge.  It  has 
both  civil  and  criminal  and  both  original  and  appel- 
late jurisdiction.  It  may  try  all  civil  cases  to  recover 
an  amount  not  exceeding  $2000 ;  and  it  must  try  all 
criminal  cases  arising  in  the  county  except  murder, 
which  is  tried  by  the  supreme  court  of  the  State. 
In  New  York  county,  the  duties  elsewhere  performed 
by  the  county  court  are  divided  between  the  city 
court,  which  exercises  civil  jurisdiction,  and  the  court 
of  general  sessions,  which  exercises  criminal  juris- 
diction. (2)  The  surrogate's  court  has  jurisdiction 
over  the  estates  of  deceased  persons ;  it  probates 
wills,  grants  letters  of  administration,  appoints  guar- 
dians, and  examines  the  accounts  of  executors,  admin- 
istrators, and  guardians.  In  the  smaller  counties, 
which  have  no  separate  surrogate,  these  duties  are 
performed  by  the  county  judge.  (3)  The  grand 
jury  is  properly  a  part  of  the  judicial  system  of  the 
county.     It   consists    of   a  body    of  from   twelve  to 


The  Local  Governments  of  the  State         103 

twenty-three  men,  drawn  from  a  list  of  three  hun- 
dred prepared  by  the  board  of  supervisors.  Its  duty 
is  to  make  a  preliminary  inquiry  into  the  more  serious 
crimes  committed  within  the  county  ;  and  the  votes 
of  twelve  men  are  necessary  to  hold  a  person  for 
trial  before  the  court.  Its  examination  is  held  in 
secret,  and  the  right  to  such  a  preliminary  inquiry 
is  one  of  the  rights  guaranteed  by  the  State  constitu- 
tion to  every  person  charged  with  a  serious  crime. 

Besides  being  to  a  certain  extent  a  self-governing  The  county 
community,  the  county  is  also  an  administrative  dis-  fs^tra^ive^"^^"' 
trict  of  the  State.     It  aids  in  carrying  into  execution  district. 
the  laws  of  the  State,  so  far  as  they  apply  to  the 
county.     For  example,  the  board  of  supervisors  acts 
as  a  board  of  canvassers  in  a  general  State  election. 
It  also  apportions  within  the  county  the  money  raised 
by  the    State  for   the   support   of   education.     And 
strictly  speaking,  the  district  attorney  represents  the 
State  in  prosecuting  crime  within  the  county,  for  a 
criminal  act  is  considered  not  as  a  crime  against  the 
locality,  but   as  a  crime   against  the  people  of   the 
State. 

39.     The  Town  Government 

The  county  is  made  up  of  a  number  of  towns,  or  The  growth 
"townships,"  each  of  which,  like  the  county,  is  a  o^t°^^'"s- 
body  politic,  having  legislative,  executive,  and  ju- 
dicial powers.  The  town  in  its  earliest  form  was 
brought  to  this  country  by  the  European  colonists, 
and  it  can  even  be  traced  back  to  the  customs  of  the 
ancient  Germans.^ 

1  There  has  been  much  interesting  discussion  in  recent  years, 
mingled  with  considerable  speculation,  regarding  the  origin  of  the 
American  township.     While  the  present  town  system  in  this  country  is 


104  Government  of  New  York 

From  the  earliest  times  to  the  present  the  town  has 
been,  for  the  most  part,  a  self-governing  community. 
The  earliest  towns  of  New  York  were  incorporated  by 
the  colonial  government,  and  were  professedly  pat- 
terned after  the  Dutch  towns  in  Holland  ;  but  their 
powers  of  self-government  were  very  limited.  Under 
the  influence  of  the  New  England  immigrants,  and 
by  the  cstabhshment  of  the  EngUsh  authority,  a 
greater  freedom  was  given  to  the  town.  The  town 
came  to  elect  its  own  officers  and  to  exercise  such 
authority  as  was  delegated  to  it  by  the  central  gov- 
ernment.     The  town  has  now  come  to  be  a  political 

largely  the  product  of  American  legislation,  it  no  doubt  has  its  roots  in 
the  early  Germanic  institutions.  The  Germans,  like  all  early  peoples, 
were  gathered  into  groups  or  clans;  and  when  they  ceased  from  their 
nomadic  life,  each  clan  became  a  local  settlement,  hemmed  in  by  a  belt 
of  outlying  land,  called  a  "mark,"  or  by  a  stockaded  wall,  called  a 
"tun"  —  which  name  came  to  be  applied  to  the  settlement  itself.  The 
people  governed  themselves  in  a  town-meeting,  the  "  tun-gemote,"  and 
elected  their  own  head  man,  the  "  tun-reeve."  This  simple  democratic 
community  grew  into  the  town  system  of  Holland  and  of  England. 
In  the  latter  country  it  became  transformed  into  the  "  parish  "  and  the 
"manor,"  The  town  of  New  England  was  a  reversion  to  the  primitive 
Germanic  type,  although  considerably  modified  by  local  legislation. 
The  town  in  New  York  was  at  first  a  poor  copy  of  the  town  in  Holland, 
and  afterward  improved  under  the  influence  of  New  England  ideas. 
The  "  overseers  "  of  the  New  York  town,  which  took  the  place  of  the 
"selectmen  "  of  the  New  England  town,  developed  into  distinct  officers, 
with  their  own  particular  functions.  Through  these  changes  the  town 
has  preserved  its  original  and  general  democratic  character;  but  in  the 
process  of  development  it  has  acquired  special  features,  so  that  the 
American  tov/nship  of  to-day  has  a  character  distinctively  its  own. 
(On  this  general  subject,  see  Adams,  "Germanic  Origin  of  New  Eng- 
land Towns,"  in  Johns  Hopkins  University  Studies,  I. ;  P'iske,  American 
Political  Ideas,  "The  Town-Meeting";  and  Civil  Government,  pp. 
34-43,  "Origin  of  the  Township  ";  Howard,  Local  Constitutional  His- 
tory of  the  United  States,  I.  chs.  i,  3.) 


The  Local  Governments  of  the  State         105 

corporation,   with  certain  legislative,  executive,  and 
judicial  powers. 

The  law-making  power  of  the  town  is  vested  in  The  town 
the  whole  body  of  voters  assembled  in  the  town-  ^^s^siature. 
meeting.  The  town-meeting  is  thus,  like  its  German 
prototype,  a  pure,  and  not  a  representative  democ- 
racy. It  assembles  regularly,  every  two  years,  on 
the  first  Monday  in  February,  unless  another  time  is 
fixed  by  the  board  of  supervisors.^  The  State  law 
confers  upon  the  ''biennial  meeting"  the  power  to  fix 
the  number  of  constables  (not  exceeding  five) ;  to 
direct  all  suits  in  which  the  town  is  interested ;  to 
provide  for  the  destruction  of  noxious  weeds  and 
animals,  and  to  establish  pounds ;  to  abate  public 
nuisances  which  affect  the  health  of  the  community ; 
to  care  for  the  town  lands  and  other  town  property ; 
and  to  determine  all  other  questions  lawfully  sub- 
mitted to  it.  Special  town-meetings  may  be  called 
upon  the  request  of  twenty-five  voters  for  the  pur- 
pose of  raising  money  for  special  purposes  ;  or  upon 
the  application  of  the  supervisor,  or  other  town  offi- 
cers, to  settle  questions  pertaining  to  the  special  duties 
of  these  officers.^ 

The  executive  officers  of  the  town  are  elected  by  The  town 
the  voters  of  the  town  at  the  biennial  town-meeting,  ^^^cutive. 

1  The  law  specifically  provides  that  the  board  of  supervisors  may  by 
resolution  fix  the  time  of  the  biennial  town-meeting  on  some  day 
between  the  first  of  February  and  the  first  of  May,  or  on  the  first  Tues- 
day after  the  first  Monday  of  November,  known  as  **  General  Election 
day."  The  law  also  provides  that  the  regular  time  of  biennial  meetings 
in  counties  of  more  than  300,000  and  less  than  600,000  inhabitants  shall 
be  the  second  Tuesday  of  March,  unless  otherwise  directed  by  the 
board  of  supervisors  (^General  Laws,  ch.  20,  §  10). 

^  General  Laws  of  New  York,  ch.  20,  §  22. 


io6  Governmejtt  of  New  York 

and  hold  their  office  for  two  years.  The  officers 
are:  (i)  the  supervisor,  who  receives  and  pays  out 
all  money  raised  for  town  purposes  (except  what  is 
raised  for  the  highways  and  for  the  support  of  the 
poor),  keeping  an  account  of  receipts  and  expendi- 
tures, and  who  also  must  attend  the  county  board  of 
supervisors ;  (2)  the  town  clerk,  who  has  charge  of  all 
books,  records,  and  documents  belonging  to  the  town, 
and  who  also  acts  as  secretary  of  the  meetings  of  the 
town;  (3)  the  highway  commissioners,  from  one  to 
three  in  number,  who  receive  and  expend  the  money 
raised  by  the  town  to  build  and  keep  in  repair  the 
roads  and  bridges ;  (4)  the  overseers  of  the  poor,  one 
or  two  in  number,  who  receive  and  disburse  the 
money  raised  by  the  town  for  the  support  of  the  indi- 
gent poor;  (5)  the  constables,  not  more  than  five  in 
number,  whose  duties  are  to  preserve  the  peace  of 
the  town,  and  to  serve  the  orders  of  the  justice's 
court ;  (6)  the  assessors,  three  in  number,  who  appor- 
tion the  taxes  levied  upon  the  town,  according  to  the 
assessed  valuation  of  each  person's  property ;  (7)  the 
collector,  who  collects  the  taxes  levied  upon  each 
person ;  and  (8)  the  inspectors  of  election,  four  in 
number,  who  preside  at  town  elections,  receiving  the 
ballots  and  canvassing  the  votes.  The  ''town  board" 
consists  of  the  supervisors,  the  town  clerk,  and  the 
justices  of  the  peace  (or  any  two  of  them);  it  is 
required  to  audit  the  accounts  of  all  town  officers 
who  receive  town  money  or  office  fees.  The  officers 
who  are  paid  by  fees  are  the  town  clerks,  the  con- 
stables, and  the  justices  of  the  peace. 
The  town  The  judicial  authority  within  the  town  is  exercised 

judiciary.        -^^  ^^^  justices  of  the  peacc.     These  officers,  usually 


The  Local  Governments  of  the  State         107 

four  in  number,  are  elected  for  four  years,  two  being 
elected  alternately  every  two  years.  The  justice's 
court  is  a  purely  local  court,  confined  to  cases  arising 
within  the  town.  Its  jurisdiction  is  both  civil  and 
criminal,  but  limited  in  civil  suits  to  cases  not  involv- 
ing more  than  $200,  and  in  criminal  cases  to  the 
lighter  offences.^ 

The  town  may  be  regarded  as  an  administrative  The  town  as 
district  of  the  county,  because  the  taxes  which  are  ^j-attve^^"'^" 
raised  by  the  county  are  apportioned  among  the  district, 
various  towns,  and  are  locally  assessed  and  collected 
by  town  officers.  It  also  performs  administrative 
duties  for  the  State,  since  the  State  laws  relating  to 
education  are  carried  out  by  local  officers  within  the 
town.  Also,  in  general  elections  of  the  State,  the 
town  inspectors  make  the  returns,  through  the  county 
board,  to  the  State  board  of  canvassers.  The  town  is, 
therefore,  a  local  district  which  furnishes  the  basis  of 
the  county  government  in  the  board  of  supervisors ; 
it  is  also  an  area  of  local  self-government  in  which 
the  people  elect  their  ov/n  officers  and  make  certain 
regulations  of  their  own  ;  and  it  is  finally  a  kind  of 
administrative  district  of  the  county  and  of  the  whole 
State. 

40.     The  Village  Government 

The  village  government  is  of  later  origin  than  that  The  growth 
of  the  town  or  county.     In  the  colonial  times,  under  ^^ ^ii^^g^^"^- 
the  Dutch  and  the  English,  there  was  no  village  gov- 
ernment, as  distinguished  from  the  town  government. 
The  first  settlements  and  hamlets  were  incorporated 
as   towns,    with    the   governmental   forms   we   have 

1  Code  of  Civil  Procedtirc,  ch.  19. 


io8  Government  of  New  York 

already  described.  The  town  governments  extended 
over  the  neighboring  lands  attached  to  the  hamlets. 
Later  the  town,  or  township,  acquired  a  well-defined 
area  with  fixed  boundaries.  The  town  government 
thus  extended  over  the  thickly  settled  as  well  as  the 
thinly  settled  areas.  It  was  only  when  the  thickly 
settled  districts  within  the  townships  were  found  to 
have  special  needs  that  special  authority  was  given  to 
them,  and  then  only  for  certain  specified  purposes  — 
generally,  at  first,  for  the  extinguishing  of  fires.  It 
was  ten  years  after  the  first  constitution  of  the  State 
was  adopted  that  the  first  act  of  this  kind  was 
passed  (1787),  and  more  than  twenty  years  (1798) 
before  the  first  village  was  properly  incorporated  as 
a  body  politic,  distinct  from  the  town,  and  with  power 
to  manage  its  own  affairs.^     At  first  each  village  was 

1  The  growth  of  village  government  in  the  State  of  New  York  fur- 
nishes an  interesting  topic  in  municipal  history.  The  first  act  granting 
special  privileges  to  a  part  of  a  town,  or  township,  was  passed  in  1787, 
entitled  "  An  Act  for  the  better  extinguishing  of  fires  in  the  town  of 
Brooklyn."  By  this  act  the  inhabitants  of  the  thickly-settled  district 
near  the  river  were  allowed  to  select  eight  men  to  have  charge  of  the 
fire-engine,  and  to  be  called  "  firemen,"  whose  duty  was  to  put  out  fires 
(^Laws  of  New  York,  lyyy-iSoo,  vol.  II.  ch.  40).  The  local  authority 
was  extended  in  1797  by  "An  Act  for  the  prevention  of  fires,"  in  the 
same  district,  authorizing  the  people  of  this  part  of  the  Town  of  Brook- 
lyn to  select  from  three  to  five  freeholders  to  make  regulations  for  the 
prevention  of  fires,  with  power  to  impose  penalties  not  exceeding  five 
dollars,  which  sums  might  be  used  for  lighting  the  streets.  In  1797 
similar  power  to  provide  for  the  extinguishing  of  fires  was  given  to 
Jamaica  and  Catskill,  authorizing  the  people  to  select  from  three  to 
five  freeholders  to  be  called  "  trustees  of  the  fire  company,"  v/ith  a 
clerk  to  keep  a  record  of  their  rules.  The  first  law  for  the  incorpora- 
tion of  a  village,  in  the  proper  sense,  was  passed  in  1798,  entitled  "An 
Act  to  invest  certain  powers  in  the  freeholders  and  inhabitants  of  the 
villages  of  Troy  and  Lansingburgh."  The  occasion  of  this  act  is  indi- 
cated in  the  preamble,  which  declares  that  the  inhabitants  of  the  vil- 


The  Local  Governments  of  the  State         109 

incorporated  by  a  special  act  of  the  legislature.  At 
present  villages  are  incorporated  by  a  general  law  of 
the  State. 

The  general  law  of  the  State  provides  that  "a  incorpora- 
territory  not  exceeding  one  square  mile,  or  an  entire  ^^"^  °^ 
town,  containing  in  either  case  a  population  of  not 
less  than  two  hundred,  and  not  including  a  part  of 
a  city  or  village,  may  be  incorporated  as  a  village."  ^ 
The  general  steps  to  be  taken  for  this  purpose  are : 
(i)  an  apphcation  signed  by  twenty-five  freeholders 
of  the  territory,  and  presented  to  the  supervisor  of 
the  town  in  which  the  territory  is  situated,  or,  if  the 
the  territory  is  situated  in  two  or  more  towns, 
to  the  supervisor  of  each  of  such  towns;  (2)  a 
vote  by  the  qualified  voters  of  the  territory  upon 
the  question  of  incorporation.  Upon  the  favorable 
decision  of  the  supervisor  —  or  supervisors,  if  the 
territory  is  situated  in  more  than  one  town  —  and 
upon  a  favorable  majority  given  at  the  election,  the 
territory  becomes  an  incorporated  village.  It  may 
then  proceed  to  elect  its  own  officers,  and  to  exercise 


lage  had  previously  complained  to  the  legislature  that  the  existing  laws 
of  the  town  were  too  "  uncertain  and  restricted  "  for  their  special  needs. 
Each  village  was  by  this  act  declared  to  be  a  "  body  politic  and  corpo- 
rate," with  power  to  elect  five  "  trustees  "  who  could  make  by-laws  and 
rules  relating  to  public  markets,  the  putting  out  of  fires,  the  lighting  of 
streets,  and  "  anything  whatsoever  that  may  concern  the  police  and 
good  government  "  of  said  village.  Besides  trustees,  the  village  was 
empowered  to  elect  three  assessors,  one  treasurer,  one  collector,  and 
as  many  fire  w'ardens  as  the  trustees  may  direct.  This  was  the  birth  of 
village  government  in  New  York  State.  By  a  later  act  of  the  same 
year,  1798,  the  village  of  Utica  was  incorporated,  and  in  1799  Pough- 
keepsie  (see  Laivs  of  A^ezv  York,  ijjy-iSoo,  index  of  the  towns 
mentioned). 

^  Gejieral  Laws  of  New  York,  ch.  22,  §  2. 


no 


Government  of  New  York 


The  village 
legislature. 


The  village 
executive. 


the  powers  granted  by  the  State  law.  The  village  by 
being  incorporated  does  not  cease  to  be  a  part  of  the 
town ;  it  simply  acquires  additional  powers  for  its  own 
special  purposes. 

The  power  to  make  ordinances  for  the  control  of 
the  village  affairs  is  vested  in  a  board  of  trustees, 
composed  of  the  president  and  a  number  of  trustees, 
varying  in  number  from  two  to  eight.  This  board 
possesses  the  power  to  pass  a  great  variety  of  ordi- 
nances affecting  the  interests  of  the  village,  including  : 
the  general  management  of  the  village  finances  ;  the 
regulation  of  the  public  market,  of  the  streets,  side- 
walks, drains,  water  supply,  public  Hghting ;  the  pro- 
tection of  the  public  safety,  by  abating  nuisances, 
controlling  railroad  crossings,  and  the  storage  of  ex- 
plosives; together  with  the  power  to  impose  penalties 
not  exceeding  $ioo  for  offences  against  the  village 
ordinances.  The  board  has  also  the  power  to  audit 
all  accounts  and  claims  against  the  village.-^ 

The  chief  executive  officer  of  the  village  is  the 
president,  who  is  the  head  of  the  police  force,  and  is 
authorized  to  see  that  the  village  ordinances  are  car- 
ried into  execution.  The  treasurer  is  the  chief  fiscal 
officer  of  the  village,  who  receives  and  pays  out  the 
village  moneys,  and  keeps  an  account  of  all  receipts 
and  expenditures.  The  village  clerk  has  custody  of 
the  books  and  records  of  the  village,  and  acts  as  sec- 
retary of  the  board  of  trustees,  and  of  the  village 
board.  Besides  these  general  officers,  the  law  pro- 
vides for  a  number  of  special  administrative  officers 
and  boards,  — a  street  commissioner,  a  board  of  health, 
of  fire  commissioners,  of  water  commissioners,  of  light 

1  General  Laws  of  Neiv  York,  ch.  2i,  §  88. 


The  Local  Governvicnts  of  the  State         1 1  [ 

commissioners,  of  sewer  commissioners,  of  cemetery 
commissioners,  —  whose  respective  duties  are  indi- 
cated by  their  names.  These  boards  must  file  an- 
nual reports  with  the  village  clerk. 

The  judicial  authority  within  the  village  is  exercised  The  village 
by  the  village  police  justice.  He  is  elected  by  the  J^^^^'^^^^y- 
voters  of  the  village  for  the  term  of  four  years.  He 
may  try  cases  which  involve  violations  of  the  city 
ordinances,  and  hold  a  court  of  special  session  to  try 
charges  of  misdemeanor  committed  within  the  vil- 
lage. He  has  also  a  civil  jurisdiction  similar  to  that 
of  the  justice  of  the  peace  of  the  town  to  recover 
damages  payable  to  the  village.^ 

The  village  has  not  the  importance  as  an  adminis-  The  village 
trative  district  that  belongs  to  the  county  or  town.   ^^  a"/^^''«'"- 

■^  •'  istrative 

Its  board  of  health,  however,  carries  out  the  general  district. 
health  laws  of  the  State;  and  the  police  justice,  in 
trying  cases  of  misdemeanor,  administers  the  State 
criminal  law. 

41.     The   City    Government 

The  city  is,  generally  speaking,  an  outgrowth  of  The  growth 
the  village.  It  is  true  that  a  few  cities  of  the  State  °^'^^^'^^- 
—  New  York,  Albany,  and  Hudson  —  were  incorpo- 
rated before  the  first  incorporation  of  villages  ;  but  the 
great  majority  of  cities  have  grown  up  as  the  result 
of  the  increase  of  the  population  in  villages.  The 
special  needs  of  the  larger  and  more  concentrated 
population  require  the  granting  of  additional  powers. 
The  government  of  the  cities  in  New  York  State 
was  originally  modelled  after  that  of  the  English 
borough ;  but  it  has  become  modified  by  later  legisla- 

1  General  Laws  0/ N'ezv  York,  ch.  21,  Art.  VI. 


112  Government  of  New  York 

tion,  so  as  to  have  a  character  distinctly  its  own.^ 
The  tendency  of  the  people  to  gather  together 
in  thickly  settled  districts  is  a  marked  feature  of 
recent  times.  There  were  only  two  incorporated 
cities  in  the  State  at  the  close  of  the  seventeenth 
century  —  New  York  (incorporated  1683)  and  Albany 
(1686).  Only  two  more  were  added  during  the  eigh- 
teenth century  —  Hudson  (1785)  and  Schenectady 
(1798).  During  the  first  half  of  the  nineteenth  cen- 
tury only  six  more  were  added  —  Troy  (18 16),  Buffalo 
(1832),  Utica  (1832),  Brooklyn  (1834),  Rochester 
(1834),  and  Syracuse  (1847).  But  at  the  close  of  the 
nineteenth  century  this  number  had  increased  to 
forty.  This  rapid  growth  of  the  city  population  has 
greatly  increased  the  difficulties  attending  city  gov- 
ernment, which  may  still  be  regarded  as  in  the  ex- 
perimental stage. 
Organization  The  citics  of  the  State  are  now  grouped  into  three 
classes  :  (i)  those  which  contain  more  than  250,000  in- 
habitants—  which  include  New  York  and  Buffalo; 
(2)  those  which  contain  from  50,000  to  250,000  — 
which  include  Rochester,  Albany,  Syracuse,  and  Troy  ; 
and  (3)  those  which  contain  less  than  50,000  —  which 
include  the  rest  of  the  cities  of  the  State.  Cities  are 
incorporated  under  the  provisions  of  a  charter  granted 
by  the  legislature.  The  attempt  has  been  made  to 
organize  the  cities  of  the  second  class  under  a  single 
charter,  and  thus  to  substitute  general  for  special 
legislation  in  the  control  of  these  cities.^      But  the 

1  For  a  discussion  of  the  growth  of  the  English  borough  and  city, 
and  their  transference  to  this  country,  see  Fiske,  Civil  Govertiment, 
eh.  5,  "The  City." 

2  See  Appendix  D,  §  loo. 


of  cities. 


The  Local  Governments  of  the  State         113 

organization  of  cities  is  generally  effected  by  special 
acts  of  the  legislature,  which  fact  results  in  giving  a 
great  diversity  to  the  details  of  municipal  government. 
There  are,  however,  certain  general  features  which 
are  common  to  them  all.  The  constitution  of  the 
State  places  limits  upon  the  amount  of  indebtedness 
which  may  be  incurred. ^  There  are  also  general  laws 
which  relate  to  the  management  of  certain  municipal 
affairs.  There  are,  moreover,  certain  common  fea- 
tures which  are  usually  observed  in  the  form  of  gov- 
ernment, as  shown  in  the  structure  of  the  legislative, 
executive,  and  judicial  branches. 

The  power  to  make  city  ordinances  is  vested  in  a  The  city 
representative  body  called  the  common  council,  or  ^s^^^^^^^- 
board  of  aldermen.  Its  members  may  be  chosen  by 
all  the  voters  of  the  city  on  a  general  ticket ;  or,  as  is 
usually  the  case,  each  member  may  be  chosen  by  the 
voters  of  a  separate  ward.  The  powers  of  the  com- 
mon council  are  specified  in  the  charter  of  incorpora- 
tion, and  include  the  power  to  manage  the  city 
property,  to  incur  debts,  and  to  pass  rules  and  regula- 
tions necessary  for  the  peace  and  good  government  of 
the  city. 

The  chief  executive  officer  of  the  city  is  the  mayor,  The  city 
who  is  elected  by  the  voters  of  the  city,  generally  for  ^^^^^^^^®- 
a  term  of  two  years.  His  duty  is  to  see  that  the 
ordinances  of  the  common  council  are  enforced.  He 
is  the  head  of  the  poHce  force,  and  is  responsible  for 
the  peace  and  good  order  of  the  city.  By  his  veto 
power  he  has  also  a  share  in  making  the  city  laws. 
There  are  other  executive  officers,  which  may  be 
either  elected  by  the  voters  of  the  city,  or  appointed 

1  Constitution  of  New  York,  Art.  VIII.  §  10. 


114  Government  of  New  York 

by  the  mayor,  or  by  the  mayor  and  common  council. 
These  usually  comprise  the  city  treasurer,  city 
clerk,  city  attorney,  assessors,  tax-collectors,  auditor, 
—  whose  duties  are  sufficiently  indicated  by  their 
titles.  Many  of  the  administrative  duties  of  the  city 
are  often  reposed  in  the  hands  of  departments,  boards, 
or  commissions,  such  as  the  executive  board,  the 
board  of  education,  the  board  of  health,  the  police 
department,  the  fire  department,  the  street  commis- 
sion, the  park  commission,  the  civil  service  commis- 
sion, the  duties  of  each  being  specified  in  the  charter. 
The  city  The  judicial  duties  of  the  city  are  performed  by 

judiciary.  local  courts.  Corresponding  somewhat  in  their  civil 
jurisdiction  to  the  justices'  courts  in  towns,  and  in 
their  criminal  jurisdiction  to  the  police  courts  in  vil- 
lages. There  are  generally  two  distinct  courts  for 
the  trial  of  civil  and  of  criminal  cases.  The  civil  court 
is  called  by  various  names,  as  the  justice's  court,  the 
city  court,  the  municipal  court,  the  recorder's  court, 
or  the  mayor's  court.  The  criminal  court  is  usually 
called  the  police  court.  Their  jurisdiction  is  restricted 
to  minor  causes,  and  an  appeal  lies  from  them  to  the 
county  court,  and  to  the  supreme  court. 
The  city  as  The  city,  like  the  village,  may  be  regarded  in  a 

trattve^^"^^'     Certain  sense  as  an  administrative  district  of  the  State. 
distiict.  Although  it  does  not  form  a  basis  for  representation 

in  the  legislature,  it  serves  the  State  through  its  board 
of  education  and  its  board  of  health,  because  these 
bodies  assist  in  carrying  out  the  general  educational 
and  sanitary  laws  of  the  State.  Its  most  distinctive 
function,  however,  is  to  serve  as  an  area  of  local  self- 
government  wherein  the  people  are  permitted  to  man- 
age their  own  municipal  affairs. 


The  Local  Govermnents  of  tJie  State  115 

42.  Government  of  Greater  New  York 

The  most  important  city  in  the  State,  and  indeed  The  growth 
on  the  American  continent,  is  the  city  of  New  York.  Qty^^  ^°^ 
Beginning  as  a  small  Dutch  trading-post,  it  has 
extended  in  area  and  increased  in  population  so  that 
it  now  includes  the  territory  of  four  counties,  and 
has  a  population  about  three  and  one-half  millions. 
With  the  growth  of  its  varied  interests,  there  has 
gone  on  a  corresponding  growth  of  its  governmental 
system.  It  was  originally  incorporated  as  a  Dutch 
town  in  1653,  with  its  schout,  burgomasters,  and 
schepens.  At  the  time  of  the  Enghsh  conquest  in 
1664  these  officers  were  displaced  by  a  mayor,  five 
aldermen,  and  a  sheriff;  and  in  1683,  under  Governor 
Dongan,  it  was  more  completely  organized  as  a  city, 
receiving  a  new  charter  from  the  legislature.  Its 
officers  were  then  a  mayor,  a  recorder  or  judge,  a  city 
clerk,  appointed  by  the  king  or  governor;  also  six 
aldermen,  and  six  assistants,  elected  annually  by  the 
people,  and  forming  the  common  council.  This  whole 
body  of  officers  formed  the  city  legislature,  with  power 
to  enact  by-laws ;  and,  excluding  the  assistants,  it 
also  formed  the  city  court.  In  1777,  with  the  forma- 
tion of  the  first  State  constitution,  the  officers  hitherto 
appointed  by  the  governor  were  appointed  by  the 
State  "council  of  appointment"  (see  p.  43).  But 
after  the  constitution  of  1821  was  adopted,  the 
mayor  was  elected  by  the  common  council,  the  city 
clerk  by  the  people,  and  the  recorder  only  was 
appointed  by  the  State  governor.  By  the  amendment 
of  1834  the  election  of  mayor  was  placed  in  the  hands 
of  the  people.     In  order  to  curb  the  excessive  expen- 


Ii6  Government  of  Nezv  York 

diture  of  money  the  State  legislature  in  1857  assumed 
control  of  some  parts  of  the  city's  business.  But  the 
experiment  of  governing  the  city  by  the  State  legisla- 
ture was  far  from  satisfactory;  and  in  1897  a  new 
charter  was  granted  which  practically  created  a  new 
municipal  organization,  with  large  powers  of  local 
self-government.^  This  charter  was  revised  in  1901. 
Local  divi-  The  new  City  of  New  York,  or  Greater  New  York 

York  cit^^^  "^^  ^^  ^^  popularly  called,  covers  an  area  of  three  hun- 
dred square  miles.  It  includes  the  four  counties  of 
New  York,  Queens,^  Kings,  and  Richmond.  It  con- 
tains a  population  of  about  three  and  a  half  millions, 
or  nearly  one-half  of  the  inhabitants  of  the  entire 
State.  It  furnishes  twenty  of  the  fifty  members  of 
the  State  Senate,  and  sixtv  of  the  one  hundred  and 
fifty  members  of  the  State  Assembly.  On  account  of 
its  great  extent  and  population,  it  is  divided  for 
administrative  purposes  into  five  ''boroughs"  :  (i)  the 
Borough  of  The  Bronx  extending  from  Westchester 
County  on  the  north  to  the  Harlem  River  and  the 
East  River  on  the  south ;  (2)  the  Borough  of  Man- 
hattan, extending  from  the  Harlem  River  south  to 
the  New  York  Bay,  and  including  the  islands  within 
the  bay;  (3)  the  Borough  of  Brooklyn,  covering  the 
county  of  Kings  ;  (4)  the  Borough  of  Queens,  cover- 
ing the  county  of  Queens;  and  (5)  the  Borough  of 
Richmond,  covering  the  county  of  Richmond,  or 
Staten  Island.     Besides  this  division  into  boroughs, 

1  For  the  original  charter,  see  Laivs  of  Nexo    York,  i8g'/,  ch.  378; 
for  the  revised  charter,  see  Laws,  igoi,  ch.  406. 

2  With  the  organization  of  the  new  city  the  original  county  of 
Queens  was  divided,  and  the  part  remaining  outside  the  city  was 
erected  into  a  new  county,  under  the  name  of  Nassau. 


The  Local  Governments  of  tJie  State         wj 


Ii8  Government  of  Nezv  Yoj'k 

the  city  is  also  divided  into  seventy-three  districts, 
which  furnish  the  basis  of  representation  in  the  city 
legislature.  Moreover,  the  senate  districts,  and  the 
assembly  districts  —  from  which  the  State  senators 
and  assemblymen  are  elected  —  are  used  for  certain 
purposes  in  the  organization  of  the  city  government. 
Finally,  the  city  is  subdivided  into  a  large  number  of 
wards.  Upon  this  territorial  arrangement  are  based 
the  various  branches  of  the  municipal  government  and 
administration.^ 
Legislature  The  legislative  power  of  the  city  is  vested  in  a 
o  ^  ew  or  j-epresentative  body  called  the  board  of  aldermen. 
This  board  is  elected  for  two  years.  Its  members 
comprise  (i)  the  president  of  the  board,  elected  by 
the  city  at  large ;  (2)  the  presidents  of  the  five  bor- 
oughs, each  elected  by  his  own  borough ;  and  (3)  the 
aldermen,  seventy-three  in  number,  one  elected  from 
each  of  the  aldermanic  districts  into  which  the  city  is 
divided.  The  heads  of  the  various  administrative 
departments  are  entitled  to  sit  in  the  board  and  to 
debate,  but  not  to  vote.  Every  legislative  act  must 
receive  the  vote  of  at  least  a  majority  of  all  the  mem- 
bers ;  and  some  special  acts,  involving  the  expenditure 
of  money,  require  a  four-fifths  vote.  The  charter 
confers  upon  the  board  of  aldermen  a  large  number 
of  special  powers,  intended  as  far  as  possible  to  pro- 
vide for  the  vast  and  complicated  interests  of  a  great 
municipality. 
The  execu-  The  chief  executive  officer  of  Greater  New  York 
YorkCit^^  is  the  mayor,  who  is  elected  by  the  voters  of  the 
entire  city  for  a  term  of  two  years.     He  is  largely 

^  For  maps  showing  these  various  divisions  of  the  city,  see  Fielde, 
New  York  Political  Primer. 


TJie  Local  Governments  of  the  State         119 

responsible  for  the  good  government  of  the  city,  and 
for  this  reason  he  has  extensive  powers.  He  is  in 
fact,  as  well  as  in  name,  the  head  of  the  executive 
branch  of  the  city  government,  since  he  appoints, 
and  may  remove,  the  heads  of  nearly  all  the  depart- 
ments of  administration — the  comptroller  being 
the  only  other  executive  officer  elected  by  the 
entire  city.  The  mayor  has  also  a  large  influence  in 
legislation.  Every  ordinance  of  the  municipal  assem- 
bly must  be  submitted  to  him  for  his  approval.  If  he 
vetoes  the  ordinance,  it  can  pass  only  by  a  two-thirds 
vote  of  all  the  members ;  or,  in  case  of  an  ordinance 
involving  a  tax,  or  the  expenditure  of  money,  or  the 
granting  of  a  franchise,  by  a  three-fourths  vote  of  the 
members. 

The  greater  part  of  the  administrative  work  done  Administra- 
in  the  city  is  divided  among  a  number  of  administra-  J^^e^nts^^^"^*' 
tive  departments.  These  are  placed  under  the  con- 
trol of  commissions,  who  are  appointed  by  the  mayor 
and  who  hold  their  office  until  their  successors  are 
appointed  —  unless  otherwise  provided  in  the  charter. 
The  departments  cover  all  the  special  branches  of 
municipal  administration  —  finance,  law,  poHce,  public 
improvements,  parks,  buildings,  public  charities,  cor- 
rection, fire,  docks  and  ferries,  taxes  and  assessments, 
education,  and  public  health.^ 

The  five  boroughs  of  the  city  have  each  a  local  or-  The  borough 
ganization  by  which  they  aid  in  carrying  on  the  local  o^'g^^iz^^'o"- 
improvements   of    the   city.       Each   borough    has  a 
president,  elected  by  the  voters  of  the  borough  for  a 
term  of  two  years.      Each  borough  is   also  divided 
into  "local  improvement  districts,"  corresponding  in 

1  For  the  organization  of  these  departments,  see  Appendix  D,  §  98. 


of  New  York 
City. 


1 20  Government  of  New  York 

general  to  the  State  senate  districts.  Each  of  these 
districts  has  a  ''  local  improvement  board,"  consisting 
of  the  president  of  the  borough  and  the  aldermen 
who  reside  in  the  district.  This  board  can  make  im- 
provements within  the  district,  subject  to  the  approval 
of  the  city  board  of  estimates. 
Thejudiciary  The  judiciary  of  Greater  New  York  (excluding,  of 
course,  the  supreme  court,  and  the  county  courts, 
which  sit  within  its  limits)^  consists  of  the  municipal 
court,  and  the  court  of  special  sessions,  which  are 
the  lowest  courts  in  which  the  citizen  is  brought 
into  relation  to  the  law.  (i)  The  municipal  court 
is  the  lowest  court  of  civil  jurisdiction,  trying  cases 
which  involve  a  judgment  of  not  more  than  ;^5oo. 
For  the  distribution  of  its  duties  the  whole  city  is 
divided  into  twenty-three  ''  municipal  court  dis- 
tricts," each  one  of  which  elects  a  justice  of  the 
municipal  court,  who  holds  court  in  the  district,  and 
has  a  term  of  ten  years.  There  are,  in  the  Borough 
of  Bronx,  two  such  districts,  in  Manhattan  eleven,  in 
Brooklyn  five,  in  Queens  three,  and  in  Richmond  two. 
(2)  The  court  of  special  sessions  is  the  lowest  court 
of  criminal  jurisdiction,  trying  cases  of  misde- 
meanor arising  in  the  city,  except  those  of  libel. 
For  the  purposes  of  this  court  the  city  is  divided  into 
two  parts,  the  first  division  including  the  boroughs 
of  Bronx  and  Manhattan,  and  the  second  the  boroughs 
of  Brooklyn,  Queens,  and  Richmond.  In  the  first 
division  are  twelve  justices,  and  in  the  second  eleven, 
all  of  whom  are  appointed  by  the  mayor  for  a  term 
of  ten  years.     This  court,  wherever  it  may  sit,  must 

1  For  the  name  of  the  county  courts  of  New  York   county,  see 
p.  102. 


TJie  Local  Govermncjits  of  the  State         121 

be  held  by  three  justices,  and  two  must  concur  to 
render  a  decision ;  and  all  trials  are  held  without  the 
aid  of  a  jury.  Appeals  maybe  taken  from  this  court 
to  the  court  of  general  sessions,  which  corresponds, 
as  we  have  seen,  to  the  county  court.    ■ 


PART    THIRD 


THE   WORK   OF  THE   GOVERNMENT 


CHAPTER   VIII 
THE  ADMINISTRATION   OF  JUSTICE 

43.    References 

Willoughby,  Nattire  of  the  State,  ch.  12,  "The  Aims  of  the  State"; 
Woolsey,  Political  Science,  I.  Part  2,  ch.  4,  "  Sphere  and  Ends  of  the 
State,"  II.  Part  3,  ch.  11,  "  Subject-matter  of  Law  and  Administration"; 
"Wilson,  The  State,  ch.  15,  "  Functions  of  Government,"  ch.  16,  "  Objects 
of  Government";  Ford,  American  Citizen's  Manual,  Part  11.  ch,  3, 
"Functions  of  State  Governments";  Bluntschli,  Theory  of  the  State, 
Eng.  trans..  Book  V.,  "The  End  of  the  State  ";  Holmes,  The  Common 
Laiv ;  Munroe  Smith,  "State  Statute  and  Common  Law"  (in  Political 
Science  Quarterly,  II.  105;  HI.  136);  Robinson,  Elementary  Law  ; 
Vom^roy,  Municipal  Law;  Kent,  Commentaries  on  American  Law; 
Schouler,  On  Domestic  Relations;  Washburn,  On  Real  Property ; 
Redfield,   On    Wills;  Parsons,   On  Contracts. 

General  Laws  of  New  York,  ch.  48,  "The  Domestic  Relations 
Law,"  ch.  49,  "The  Lien  Law,"  ch.  50,  "The  Negotiable  Instruments 
Law,"  ch.  51,  "The  Partnership  Law";  New  York  Code  of  Civil 
Procedure;  A^ew    York  Code  of  Criminal  Procedure. 


The  govern- 
ment a 
means  to  an 
end. 


44.     The  Functions  of   Government 

To  obtain  a  comprehensive  view  of  the  political 
system  under  which  we  live,  it  is  necessary  to  con- 
sider something  more  than  the  mere  structure  or 
framework  of   the  government.      The  government, 

122 


The  Administration  of  Justice  123 

as  we  have  thus  far  considered  it,  may  be  regarded 
as  hardly  more  than  a  well-devised  piece  of  political 
machinery,  made  up  of  various  parts,  and  so  arranged 
as  to  run  with  as  little  friction  as  possible.  Unless 
we  understand  the  kind  of  work  which  is  actually 
done  by  the  government,  we  will  have  a  very  in- 
adequate idea  of  its  real  nature.  The  government 
is  not  an  end  in  itself,  but  a  means  to  carry  out  the 
sovereign  will  of  the  State.  It  is  a  pernicious  view 
of  government  to  consider  it  as  existing  for  its  own 
sake,  or  for  the  benefit  of  the  officers  who  are 
intrusted  with  its  duties.  The  people  of  the  State 
have  established  the  government  and  have  elected 
their  official  agents  for  the  purpose  of  promoting 
the  welfare  of  the  people,  and  of  protecting  the 
common  interest  of  the  whole  community.  If  a  gov- 
ernment does  not  accompHsh  this,  it  is  worse  than 
useless.  But  so  far  as  it  does  accomplish  this  end, 
it  is  one  of  the  most  important  and  essential  factors 
of  human  society. 

There  are  various  ends  which  the  State  seeks  to  Protection  of 
attain  by  means  of  the  government  which  cannot  "^  ^^' 
be  attained  without  it.  One  of  these  ends  is  the 
protection  of  individual  rights.  If  every  one  were 
permitted  in  all  cases  to  protect  his  own  rights, 
society  would  relapse  into  a  condition  of  private 
warfare.  The  redress  of  injuries  would  be  inspired 
by  personal  revenge.  The  weak  would  become  the 
prey  of  the  strong;  might  would  be  the  standard  of 
right,  and  justice  would  be  nothing  but  a  name.  The 
security  of  the  rights  of  persons  and  of  property  is 
largely  dependent  upon  the  wise  efforts  of  the  govern- 
ment. 


124 


Government  of  New  York 


Protection  of 
the  com- 
munity. 


Promotion 
of  common 
interests. 


Another  of  these  ends  is  the  protection  of  the 
community  from  the  common  dangers  to  which  it  is 
exposed  —  from  foreign  invasion,  from  internal  dis- 
orders, from  epidemic  diseases,  from  pubHc  immo- 
rahty.  These  dangers  cannot  be  fully  met  by 
individual  efforts,  but  only  by  the  combined  efforts 
of  an  organized  society.  The  safety  of  the  people 
is  secured  in  an  effective  way  only  through  the 
government. 

Moreover,  the  common  interests  of  society  can  best 
be  promoted  through  the  agency  of  the  government, 
especially  when  these  interests  are  of  such  an  exten- 
sive character  as  to  be  beyond  the  scope  of  individual 
effort.  As  individual  interests  can  best  be  promoted 
by  individual  efforts,  and  as  the  interests  of  a  few 
persons  can  best  be  promoted  by  their  combined 
efforts,  so  those  public  interests  which  are  common 
to  all  the  members  of  the  State  can  best  be  promoted 
by  the  combined  efforts  of  the  people  —  which  efforts 
are  expressed  in  governmental  action.  For  example, 
the  control  of  education,  the  care  of  the  poor  and  the 
insane,  the  regulation  of  industry  and  commerce,  the 
raising  of  money  by  taxation  —  so  far  as  these  matters 
affect  the  common  welfare  —  are  phases  of  the  public 
welfare  which  can  be  best  promoted  by  the  judicious 
exercise  of  governmental  authority. 


Legal  rights 
of  the  citizen. 


45.     The  Protection  of  Rights 

One  of  the  most  important  functions  of  the  State 
government  is  the  administration  of  justice,  or  the 
protection  of  private  rights.  It  is  true  that  men 
might  be  said  to  have  rights  if  there  were  no  govern- 
ment.    But  their  rights  would  then  be  insecure,  and 


The  Administration  of  Justice  125 

incapable  of  protection,  except  by  private  force.  In 
maintaining  their  own  rights,  men  would  encroach 
upon  the  rights  of  others.  To  secure  their  own 
liberty,  they  would  invade  the  liberty  of  others. 
Justice  can  be  maintained  only  by  restraining  the 
liberty  of  each  one  in  order  to  protect  the  rights  of 
all.  Justice,  indeed,  is  based  upon  the  equality  of 
rights ;  and  this  can  be  secured  only  by  the  recog- 
nition of  a  common  authority.  The  rights  of  the 
subject  then  became  legalized.  They  are  protected 
by  the  government,  that  is,  by  the  rational  will  and 
organized  force  of  the  whole  community.  Every 
citizen,  therefore,  by  becoming  a  member  of  the 
State  and  by  giving  his  allegiance  to  the  govern- 
ment, has  guaranteed  to  him  the  protection  of  his 
rights. 

In  an  organized  society  like  our  own  State,  justice  The  common 
is  administered  and  rights  are  protected  only  through  ^^^' 
the  law.  In  other  words,  the  laws  which  are  estab- 
lished by  the  government  are  the  only  means  whereby 
justice  may  be  adequately  secured.  It  is  the  law 
which  defines  what  every  man's  rights  are,  and 
which  lays  down  the  methods  by  which  they  may 
be  defended.  In  this  State  the  law  relating  to  rights 
and  the  mode  of  their  protection  rests  to  a  great  ex- 
tent upon  what  is  called  the  ''common  law."  This 
is  that  portion  of  the  English  law  which  was  in  force 
in  the  American  colonies  before  the  Revolution,  and 
which  has  not  been  annulled  or  superseded  by  any 
later  law.  The  principles  of  the  English  common 
law  have  been  adopted  as  the  law  of  the  State,  so  far 
as  they  are  consistent  with  republican  ideas. ^ 

1  Constitution  of  New  York,  Art.  I.  §  16. 


126 


Govertunent  of  New  York 


The  State 
statute  law. 


Judicial 
decisions. 


But  the  common  law  may  be  superseded  or  supple- 
mented by  "■  statute  law,"  that  is,  the  enactments  of 
the  legislature.  As  the  population  of  the  State  has 
increased  and  the  interests  of  the  people  have  multi- 
plied, new  laws  have  become  necessary  to  protect 
these  interests.  The  principles  of  the  common  law 
have  not  been  entirely  adequate  to  adjust  all  the  con- 
flicting interests  of  a  growing  State.  Hence,  the 
rights  of  the  citizen  find  another  security  in  the  stat- 
utes enacted  from  time  to  time  by  the  legislature. 

A  law  enacted  by  the  legislature  is  intended  to 
apply  to  a  general  class  of  cases.  The  interpretation 
of  the  law  as  applied  to  specific  cases  is  the  work  of 
the  courts.  By  judicial  interpretation,  the  law  thus 
becomes  adjusted  to  a  great  variety  of  special  cases, 
differing  from  each  other  in  many  particulars.  The 
final  expression,  therefore,  of  what  the  law  really 
means  must  be  found  in  the  decisions  of  the  courts. 
The  most  important  of  these  are  the  decisions  of  the 
supreme  court  and  the  court  of  appeals. 


The  right  of 
life. 


46.     Rights  Pertaining  to  Persons 

To  illustrate  the  way  in  which  justice  is  adminis- 
tered by  the  government,  we  may  mention  in  the  first 
place  certain  rights  pertaining  to  persons,  which  are 
defined  and  protected  by  the  law.  The  most  funda- 
mental of  these  is  the  right  of  life.  Life  is  the  most 
sacred  possession  of  the  citizen  ;  and  the  law  protects 
every  man's  right  to  live,  against  every  unjust  en- 
croachment, either  on  the  part  of  the  government 
itself  or  of  any  private  individual.  No  one  may  be 
deprived  of  his  life  by  the  State  unless  he  has  for- 


sonal  liberty. 


The  Administratioji  of  Justice  127 

feited  it  by  a  criminal  act  of  his  own,  and  even  in 
that  case  only  by  a  due  process  of  law.  The  law  also 
protects  the  life  of  the  citizen  against  the  attack  of 
another  person  :  (i)  by  making  such  an  attack  a  crime 
subject  to  criminal  prosecution;  (2)  by  placing  a  per- 
son under  bonds  who  threatens  the  life  of  another ; 
(3)  by  giving  to  the  relatives  a  civil  action  to  recover 
compensation  for  the  death  of  a  person  when  caused 
by  culpable  negligence  on  the  part  of  another  ;  (4)  by 
giving  to  a  person  whose  life  is  assailed  the  right  to 
protect  himself,  even  by  taking  the  life  of  his  assail- 
ant if  necessary. 

The  law  also  secures  to  every  one  the  right  of  per-  Right  of  per- 
sonal liberty,  that  is,  the  right  to  act  without  restraint, 
to  do  as  he  pleases,  so  far  as  he  does  not  interfere 
with  the  rights  of  other  persons.  To  place  one  under 
restraint  against  his  will  is  a  criminal  act  severely 
punished  by  the  law.  Against  such  an  unlawful  in- 
terference with  his  liberty  one  may  use  all  necessary 
force ;  and  any  obligation  extorted  from  one  while 
under  restraint  has  no  legal  force. 

A  person's  body  is  also  protected  from  injury.  Right  of 
This  is  true  whether  the  injury  is  done  with  an  evil 
intent,  or  through  the  culpable  negligence  of  another 
person.  In  the  one  case,  the  injury  is  a  crime,  which 
is  punished  by  the  State ;  in  the  other  case,  it  is  a 
private  wrong,  which  entitles  the  injured  person  to 
a  compensation  for  the  injury  sustained. 

Every  person  has,  moreover,  the  right  to  his  repu-   Right  of 
tation  or  his  good  name.     The  law  secures  one  in  this 
right  by  regarding  a  violation  of  it  either  as  a  crime, 
or  a  private  wrong,  or  both.     To  slander  a  person  by 
spoken  words,  or  to  hbel  him  by  published  statements. 


bodily 
security. 


128 


Government  of  New  York 


Right  of 

domestic 

relations. 


is  a  grievous  offence  for  which  the  law  grants  to  the 
injured  person  an  adequate  remedy. 
'  There  are  also  certain  rights  growing  out  of  domes- 
tic relations  which  the  law  secures  to  members  of  the 
family.  By  the  marriage  relation  the  husband  has 
the  right  to  obedience  and  service  on  the  part  of  the 
wife ;  and  the  wife  has  the  right  to  protection  and 
support  on  the  part  of  the  husband.  Similar  rights 
exist  between  parent  and  child ;  and  to  a  certain  ex- 
tent in  the  quasi-domestic  relations  between  guardian 
and  ward  and  between  master  and  servant.  Any 
injury  which  is  done  to  the  members  of  the  family  is 
an  injury  done  to  the  head  of  the  family,  for  which 
the  latter  can  obtain  a  legal  redress. 


The  law  of 
property. 


Real  and  per- 
sonal prop- 
erty. 


47.     Rights  Pertaining  to  Property 

The  work  which  the  government  performs  for  the 
benefit  of  the  citizen  is  still  further  seen  in  the  pro- 
tection which  it  gives  to  the  rights  of  property. 
Under  the  term  property  is  included  all  those  things 
which  can  be  appropriated  and  used  for  one's  benefit. 
By  the  right  of  property  is  meant  the  right  freely  to 
use  and  dispose  of  those  things  which  one  has  justly 
acquired.  In  order  to  secure  this  right  to  all  ahke, 
the  law  defines,  first,  the  different  kinds  of  property 
which  one  may  own ;  next,  the  various  kinds  of 
rights  which  one  may  have  in  property ;  and  finally, 
the  modes  in  which  one  may  acquire  property  so  as 
to  have  a  just  title  to  it. 

By  the  common  law  property  is  divided  into  real 
and  personal.  Real  property  is  that  which  is  regarded 
as  immovable  and  permanent  in  its  nature,  such  as 


TJie  Administration  of  Justice  129      t 

land  and  buildings,  and  whatever  is  fixed  to  the  land 
or  buildings.  Personal  property,  on  the  other  hand, 
is  that  which  is  considered  as  movable,  or  transient 
in  its  nature,  such  as  furniture,  money,  and  whatever 
else  can  be  carried  with  the  person.  It  is  evident 
that  the  same  thing  may,  under  some  conditions,  be 
regarded  as  real  property,  and  under  other  conditions 
as  personal  property.  For  example,  a  tree  when  grow- 
ing upon  the  land  is  real  property,  but  when  it  is  cut 
down  it  becomes  personal  propert3^  And  conversely, 
the  materials  intended  for  building  are  personal  prop- 
erty, but  when  worked  into  a  house  are  real  property. 

The  various  kinds  of  rights  which  one  may  have  Absolute 
in  real  property  are  called  *' estates."  A  man,  for  ^nd  qualified 
example,  may  have  the  absolute  control  of  a  piece 
of  land,  subject  to  the  control  of  no  one  else;  in  this 
case  he  is  said  to  have  an  absolute  estate  or  an  "  es- 
tate in  fee  simple."  Or  he  may  have  only  a  partial 
control  over  it,  as  when  he  rents  a  piece  of  land  of 
another,  having  only  the  right  to  use  it  and  to  reap 
the  fruits ;  in  this  case  he  is  said  to  have  a  qualified 
estate.  Such  qualified  estates  may  extend  for  life, 
or  for  a  period  of  years,  or  they  may,  if  so  under- 
stood, be  subject  to  the  will  of  the  owner.  A  mort- 
gage is  a  kind  of  qualified  estate,  since  by  it  one  has 
the  right  to  sell  the  property  of  another  as  a  security 
for  debt. 

In  order  to  protect  the  rights  of  property,  the  law  Titles  to 
determines  the  modes  in  which  property  may  be  ac-  P^^P^^^y* 
quired  so  as  to  give  a  good  title.     Property  may  be 
acquired  in  the  first  instance  by  *'  occupation,"  that 
is,  by  taking  possession  of  a  thing  which  does  not 
belong  to  any  one  else,   as  in  taking  fish  from  the 

K 


I30 


Government  of  Nezv  York 


Title  by 
inheritance. 


Nature  of 
contracts. 


sea.  It  may  also  be  acquired  by  a  conveyance  from 
one  person  to  another,  as  the  result  of  a  gift  or  a 
sale.  It  may,  moreover,  be  acquired  by  "  prescrip- 
tion," that  is,  the  holding  of  a  piece  of  property  in 
undisputed  possession  for  a  certain  number  of  years. 
One  of  the  important  ways  in  which  property  is 
acquired  is  by  inheritance,  that  is,  when  it  is  trans- 
ferred on  the  death  of  one  person  to  other  persons. 
Such  a  transfer  may  be  made  in  one  of  two  ways, 
(i)  By  a  last  will  and  testament,  the  property  is  dis- 
tributed according  to  the  desires  of  the  deceased,  and 
the  persons  to  whom  such  property  is  bequeathed 
have  a  title  which  is  recognized  and  protected  by  the 
law.  The  terms  of  the  will  are  carried  out  by  those 
who  are  designated  in  the  will  as  "  executors."  (2)  In 
case  no  will  has  been  made,  the  law  points  out  those 
persons  who  are  considered  as  having  the  best  right 
to  the  estate.  The  provisions  of  the  law  are  carried 
into  effect  by  those  who  are  appointed  by  the  court 
as  *' administrators."  In  either  case,  the  rights  of 
property  are  secured  only  by  the  protection  which 
is  afforded  by  the  laws  of  the  State. 

48.    Rights  Pertaining  to  Contracts 

Justice  is  administered  by  the  government  not  only 
by  protecting  the  rights  of  person  and  property,  but 
also  in  enforcing  the  just  claims  which  one  person 
has  against  another.  By  far  the  greatest  part  of  the 
business  of  daily  Hfe  consists  in  transactions  based 
upon  mutual  promises.  When  the  failure  to  perform 
a  promise  results  in  an  injury,  the  law  gives  some 
means  of  redress.  Those  agreements  which  the  law 
enforces  are  called  "contracts."     A  contract  creates 


The  Administratio7i  of  Justice  131 

a  right  on  the  part  of  one  person,  and  a  correspond- 
ing duty  on  the  part  of  the  other.  When  a  contract 
has  been  legally  made,  the  law  protects  the  right  of 
one  person  by  enforcing  the  duty  imposed  upon  the 
other,  or  by  compeUing  that  other  to  make  a  com- 
pensation for  the  injury  done  by  not  fulfilling  his 
promise. 

All  persons  are  permitted  to  make  contracts,  unless  Parties  to  a 
they  are  for  certain  reasons  disquaHfied  by  law.  '^°"^'^^^^- 
Minors  are  disqualified,  because  they  are  under  the 
power  of  another.  Idiots,  lunatics,  and  intoxicated 
persons  are  disqualified  because  they  are  not  regarded 
as  responsible  for  their  acts.  It  is  to  protect  such 
persons  and  not  to  injure  them  that  they  are  pre- 
vented from  making  legal  promises.  Sane  persons 
of  mature  age  are  supposed  to  enter  into  mutual 
agreements  for  their  mutual  benefit ;  and  the  prom- 
ises which  they  make  to  each  other  give  birth  to 
claims,  or  rights,  enforcible  by  the  law. 

The  law  is  careful  to  prevent  any  injustice  being  Consent  and 
done  in  the  formation  of  contracts.  An  agreement, 
for  example,  to  be  a  legal  contract  must  be  made 
with  the  full  understanding  and  consent  of  both 
parties.  They  must  have  the  same  understand- 
ing of  the  terms  of  the  agreement,  and  must  agree 
to  the  same  terms.  There  must  also  be  what 
the  law  calls  a  ''consideration,"  or  some  adequate 
reason  upon  which  the  agreement  is  based.  This 
may  be  some  material  thing  given,  like  money,  some 
service  rendered,  some  sacrifice  made,  or  some  good- 
will bestowed.  But  no  contract  is  bindins;  which  in- 
volves  the  doing  of  what  is  impossible,  illegal,  or  con- 
trary to  good  morals. 


considera- 
tion. 


132 


Goverrwient  of  New  York 


Force  and 

fraud. 


Subject  of 
contracts. 


Again,  in  order  to  secure  justice  in  the  making  of 
contracts,  the  law  protects  persons  from  the  exercise  of 
force  and  fraud.  If  an  agreement  is  extorted  from  a 
person  by  the  exercise  of  force,  or  such  an  intimida- 
tion as  amounts  to  force,  such  an  agreement  is  not 
binding.  If  a  person,  moreover,  is  drawn  into  an 
agreement  as  the  result  of  wilful  deception,  or  of  an 
evident  intention  to  defraud  him  of  his  just  rights, 
such  an  agreement  can  be  made  void  by  the 
courts. 

The  subject-matter  of  a  contract  is  the  thing  agreed 
to  be  done  or  not  to  be  done.  It  is  impossible  to 
enumerate  all  the  things  which  may  be  made  the 
subject  of  a  legal  contract.  They  belong  to  every 
form  of  business  and  to  nearly  all  the  phases  of  our 
daily  life.  All  forms  of  industry  and  commerce  are 
carried  on,  in  great  part,  by  means  of  contracts. 
Buying  and  selling,  letting  and  hiring,  the  employ- 
ment of  agents,  the  forming  of  partnerships,  the 
giving  of  promissory  notes,  the  obtaining  of  insurance, 
the  making  of  loans,  are  some  of  the  ways  in  which 
contracts  are  employed.  The  protection  of  the  rights 
growing  out  of  such  contracts  shows  how  the  law, 
established  and  enforced  by  the  government,  is  an 
efficient  agent  in  the  administration  of  justice. 


Nature  of 

private 

wrongs. 


49.     Private  Wrongs  and  Civil  Procedure 

We  see  that  the  definition  of  rights  is  an  important 
element  in  the  administration  of  justice,  but  it  is  by 
no  means  the  only  element.  It  is  necessary  that  the 
law  should  provide  some  means  by  which  rights  can 
be  protected,  in  case  they  are  invaded  or  infringed 


The  Adininistration  of  Justice  133 

upon.  To  deprive  a  person  of  any  right  which  the 
law  grants  to  him  is  a  legal  "wrong";  and  the  per- 
son who  commits  such  a  wrong  makes  himself  liable 
to  a  judgment  of  the  court.  The  law  must  therefore 
not  only  define  rights ;  it  must  also  define  wrongs  and 
their  various  classes.  If  the  wrong  is  committed 
against  a  private  person,  without  affecting  the  rights 
of  the  community  at  large,  it  is  considered  a  "  private 
wrong."  To  constitute  a  private  wrong  an  act  must 
be  wrongful  in  itself,  that  is,  not  authorized  by  law ; 
and  it  must  be  iujurious,  that  is,  resulting  in 
some  appreciable  damage.  In  case  the  rights  of  any 
person  have  been  invaded  by  such  a  wrongful  and  in- 
jurious act,  the  law  gives  to  him  the  further  right  to 
bring  a  "  civil  action,"  or  suit,  to  obtain  a  compensa- 
tion for  the  injury  done.  While  the  details  of  a  civil 
action  are  somewhat  complex,  it  is  easy  for  every  one 
to  understand  its  general  nature  and  purpose. 

The  parties  to  a  civil  action  are  the  **  plaintiff,"  Parties  to  a 
and  the  "defendant."  The  plaintiff  is  the  one  who  ^^^^'^^  ^'^^^°^- 
claims  to  have  sustained  the  injury,  and  who  brings 
the  action ;  the  defendant  is  the  one  who  is  charged 
with  having  committed  the  injury.  There  may  be 
two  or  more  plaintiffs,  in  case  the  joint  rights  of  such 
persons  have  been  invaded  ;  and  there  may  be  two  or 
more  defendants,  if  the  injury  has  been  caused  by 
their  joint  action.  If  an  injury  has  been  done  to  a 
minor,  a  guardian  may  be  appointed  to  appear  in 
court  in  his  behalf.  If  an  injury  has  been  done  to 
the  estate  of  a  deceased  person,  the  action  may  be 
brought  by  the  executors  or  administrators.  In  this 
way  the  law  seeks  to  secure  justice  in  every  case  in 
which  an  injury  has  been  done. 


134 


Government  of  New  York 


Pleadings 
and  joining 
of  issue. 


Trial  with 
or  without 
a  jury. 


The  purpose  of  a  civil  action  is  to  settle  in  a  judi- 
cial way  the  points  at  issue  between  the  plaintiff  and 
the  defendant.  To  this  end  the  law  provides  the 
method  in  which  the  issues,  or  points  in  dispute,  can 
be  clearly  set  forth.  The  steps  in  this  procedure  are 
together  called  the  ''  pleadings,"  which  must  be  ex- 
pressed in  writing.  The  first  step  is  the  "  complaint," 
which  contains  a  clear  statement  on  the  part  of  the 
plaintiff  of  the  facts  in  the  case,  and  a  demand  for 
judgment.  To  this  complaint  the  defendant  may 
make  a  **  demurrer,"  which  is  an  objection  based 
upon  a  question  of  law;  or  he  may  make  an  "answer," 
which  is  either  a  denial  of  the  facts  already  stated,  or 
a  statement  of  new  facts  constituting  a  defence,  or 
counter-claim.  If  a  counter-claim  is  made  by  the 
defendant,  the  plaintiff  on  his  part  may  then  make  a 
**  demurrer"  as  to  a  question  of  law,  or  make  a  "re- 
ply" as  to  a  matter  of  fact,  similar  in  substance  to  the 
defendant's  answer.  By  this  process  of  affirming 
and  denying,  the  issues  of  the  case  are  finally  joined; 
and  upon  the  issues  presented  in  the  pleadings,  the 
case  is  tried  in  the  court. 

The  trial  of  the  case  takes  place  before  a  judge, 
and  generally  before  a  jury.  The  jury  consists  of 
twelve  men  summoned  to  hear  the  evidence,  and  to 
pronounce  a  verdict  according  to  the  facts  presented. 
The  law  seeks  to  obtain  a  jury  satisfactory  to  both 
parties  by  allowing  objections,  or  "challenges,"  to  be 
made  to  any  person  drawn  as  juryman.  Such  ob- 
jections may  or  may  not  be  approved  by  the  judge. 
The  facts  upon  which  the  verdict  of  the  jury  is  based 
are  ascertained  by  such  evidence  as  is,  in  the  opinion 
of  the  judge,  "material"  and  "relevant"  to  the  case. 


and  execu- 
tion. 


The  Ad^ninistration  of  Justice  135 

After  the  evidence  has  been  taken,  the  attorneys  of 
the  plaintiff  and  the  defendant  argue  their  respective 
claims  before  the  jury ;  the  jndge  instructs  or 
"charges"  the  jury  upon  the  law  in  the  case,  and  the 
significant  points  in  the  evidence  ;  and  the  jury  after 
deHberation  renders  a  verdict  for  the  plaintiff  or  for 
the  defendant.  In  case  the  jury  does  not  agree,  a 
new  trial  may  be  ordered.  With  the  consent  of  both 
parties  the  jury  may  be  dispensed  with,  in  which  case 
the  dispute  is  settled  by  the  judge  alone. 

The  verdict  of  the  jury  is  generally  followed  by  judgment 
the  final  judgment  of  the  court,  which  constitutes  the 
judicial  decision  of  the  case,  and  terminates  the 
action.  If  no  appeal  is  taken  from  this  judgment  to 
a  higher  court,  the  judgment,  if  against  the  defend- 
ant, is  enforced  by  a  process  called  "  execution."  An 
execution  is  an  order  of  the  court  directing  the  sheriff, 
or  other  proper  officer,  to  see  that  the  judgment  is 
satisfied.  It  may  in  certain  cases  be  issued  against 
the  person  of  the  defendant,  ordering  him  to  be 
arrested  and  detained  in  jail  until  legally  discharged. 
But  the  execution  is  generally  issued  against  \^q  prop- 
erty of  the  defendant,  ordering  so  much  of  it  to  be 
seized  and  sold  as  will  satisfy  the  judgment,  and  thus 
compensate  the  plaintiff  for  the  injury  sustained.  To 
prevent  palpable  injustice  in  an  execution  against 
property,  certain  necessaries  of  life  are  exempted 
from  seizure.  By  the  general  mode  of  civil  procedure 
which  has  been  described,  the  law  seeks  to  protect  a 
person  against  any  private  wrong  which  may  be  com- 
mitted against  him. 


136 


Government  of  New  York 


Nature  of 

public 

wrongs. 


Parties  to  a 

criminal 

action. 


50.     Public  Wrongs  and  Criminal  Procedure 

A  wrong  may  be  of  such  a  nature  as  to  affect  in- 
juriously not  only  an  individual,  but  the  interests  of 
the  whole  community.  Such  an  encroachment  upon 
the  rights  of  the  community  is  called  a  '*  public 
wrong,"  or  a  crime.  In  this  case  the  State  makes 
the  cause  its  own,  and  prosecutes  the  wrong-doer. 
To  constitute  a  crime,  there  must  be  a  criminal  act, 
that  is,  an  act  forbidden  by  the  law ;  and  a  criminal 
intent,  that  is,  a  conscious  purpose  to  do  the  forbidden 
act.  Irresponsible  persons,  like  idiots,  insane  persons, 
and  children  under  seven  years  of  age,  are  not  sup- 
posed to  be  capable  of  forming  a  criminal  intent,  and 
are  hence  exempted  from  the  penalties  of  the  law. 
But  the  fact  of  intoxication  does  not  relieve  a  person 
from  criminal  responsibility.  The  various  kinds  of 
criminal  acts  are  classed  by  the  law  as  "  felonies " 
and  ''  misdemeanors."  A  felony  is  defined  by  the 
penal  code  of  the  State  to  be  a  crime  which  is  or  may 
be  punishable  by  either  death  or  imprisonment  in  a 
State  prison.  A  misdemeanor  is  any  other  crime, 
the  punishment  of  which  is  either  a  fine  or  a  short 
imprisonment.  By  committing  either  a  felony  or  a 
misdemeanor,  a  person  becomes  liable  to  a  *'  criminal 
action." 

The  parties  to  a  criminal  action  are  the  State  on 
the  one  hand,  who  prosecutes  the  action,  and  the 
defendant  on  the  other  hand,  who  is  charged  with 
the  crime.  The  State  is  represented  by  a  public 
officer,  the  prosecuting  attorney,  whose  duty  it  is  to 
see  that  all  criminals  are  brought  to  justice.  The 
defendant  may  be  either  the  ''principal,"  who  has 


The  Administration  of  Jjistice  137 

actually  committed,  or  who  has  aided  in  commit- 
ting the  criminal  act ;  or,  in  case  of  felonies,  the 
"accessory,"  that  is,  a  person  who  either  has  before- 
hand counselled  or  influenced  another  to  commit  a 
crime,  or  has  attempted  to  prevent  the  punishment  of 
a  crime  after  it  has  been  committed,  as,  for  instance, 
by  assisting  the  criminal  to  escape  from  justice.  Both 
the  principal  and  the  accessory  are  liable  to  punish- 
ment. 

The  first  step  in  bringing  to  justice  a  person  who  Arrest  with 
is  believed  to  have  committed  a  crime  is  the  "arrest."  warrant.^ 
This  consists  in  an  officer's  (or  in  some  cases  a  pri- 
vate person's)  taking  the  accused  into  custody.  It  is 
usually  accompanied  by  a  "  warrant,"  or  a  written 
order  issued  by  a  magistrate  directing  an  officer  to 
take  the  offender  into  custody.  An  arrest  may  be 
made  by  an  officer  without  a  warrant  when  a  felony, 
or  any  crime  in  violation  of  the  public  peace,  is  being 
committed  in  his  presence  ;  or  when  a  felony  has  been 
actually  committed,  and  he  has  good  cause  for  believing 
that  the  person  arrested  is  the  felon.  An  arrest  may 
also  be  made  by  a  general  alarm,  called  a  "  hue  and 
cry,"  raised  in  pursuit  of  a  criminal,  and  all  persons 
called  upon  are  bound  to  assist  in  making  the  arrest 
without  the  aid  of  a  warrant.  If  a  criminal  flees  into 
another  State,  he  is  arrested  on  a  "requisition"  made 
by  the  governor  to  the  authorities  of  the  State  into 
which  he  has  fled. 

When  a  person  is  arrested  he  is,  as  soon  as  pos-  Commit- 
sible,  brouo^ht  before  a  ma2:istrate.     If  the  crime  is  a  f^^"^  ^"^ 
minor  offence  and  the  magistrate  has  jurisdiction  in 
the    case,   the    prisoner    may    be    tried   immediately. 
Otherwise  he  is  examined,  and  upon  this  examination 


138 


Government  of  New  York 


Information 
and  indict- 
ment. 


Arraignment 
and  trial. 


he  is  either  discharged  or  held  for  trial.  If  he  is 
held  for  trial,  he  may  be  "■  committed  "  to  jail  to  await 
the  action  of  the  proper  court ;  or  he  may  be  released 
"on  bail,"  that  is,  upon  a  security  given  by  respon- 
sible persons  that  he  will  appear  for  trial  at  the 
proper  time.  In  case  he  does  not  appear,  the  se- 
curity or  pledge  is  forfeited  to  the  State ;  but  the 
prisoner  is  still  liable  to  a  subsequent  arrest.  When 
a  person  is  committed  to  jail  and  there  is  any  reason 
to  believe  that  the  commitment  is  illegal,  he  is  entitled 
to  the  ''writ  of  habeas  corpus^''  which  is  an  order  of 
the  court,  commanding  him  to  be  brought  before  the 
magistrate,  that  the  question  may  be  judicially  decided 
whether  he  is  or  is  not  justly  held. 

The  prosecution  of  the  prisoner  and  his  trial  before 
the  court  are  based  upon  a  written  accusation  drawn 
up  either  by  the  prosecuting  attorney  or  by  the  grand 
jury.  In  the  former  case,  it  is  called  an  "informa- 
tion " ;  in  the  latter  case,  an 
more  serious  crimes  are  tried 
prepared  by  the  grand  jury.  This  insures  to  the 
accused  a  preliminary  and  secret  examination  before 
he  is  held  for  trial  in  an  open  court.  In  any  case, 
the  accusation  must  be  a  statement  of  the  facts  which 
constitute  the  crime,  a  description  of  the  person  ac- 
cused, the  date  of  the  criminal  act,  and  a  description 
of  the  person  or  property  injured.  Upon  the  truth 
of  the  charges  contained  in  this  written  accusation 
depends  the  result  of  the  trial. 

When  brought  before  the  court  for  trial,  the  accused 
person  is  first  "  arraigned,"  that  is,  the  accusation  is 
read  to  him,  and  he  is  compelled  to  make  a  **  plea  " 
of  guilty  or  not  guilty.     If  he  plead  guilty,  he  is  in 


"indictment."      The 
upon   an   indictment 


The  Administration  of  Justice  139 

most  cases  sentenced  without  a  trial.  But  in  the 
case  of  murder  the  plea  of  guilty  is  not  accepted, 
and  the  accused  is  given  the  privilege  of  a  fair  trial, 
whether  he  desires  it  or  not.  In  every  trial  the  ac- 
cused is  presumed  to  be  innocent  until  he  is  proved 
to  be  guilty.  He  is  entitled  to  the  aid  of  an  attorney, 
whom  the  court  appoints,  if  he  is  not  able  or  refuses 
to  employ  one  himself.  He  is  also  entitled  to  be 
tried  by  a  jury,  which  is  drawn  in  a  way  similar  to 
that  employed  in  a  civil  action.  In  a  criminal  trial 
the  State  must  prove  by  proper  evidence  and  beyond 
a  reasonable  doubt  every  material  allegation  made 
in  the  indictment.  Following  the  evidence,  the  argu- 
ments of  the  counsel  and  the  charge  of  the  judge  to 
the  jury  are  made,  as  in  a  civil  trial;  and  the  jury 
after  careful  deliberation  brings  in  the  verdict  of 
guilty  or  not  guilty.  If  the  jury  cannot  agree  a  new 
trial  is  ordered. 

After  the  verdict  has  been  given  against  him,  the  Judgment 
accused  has  still  an  opportunity  to  make  a  "  motion  ^^^^  execu- 
for  a  new  trial,"  or  a  **  motion  in  arrest  of  judgment," 
if  he  believes  there  has  been  any  illegality  in  the 
procedure  or  in  the  verdict.  If  these  motions  are 
denied  or  not  made,  "judgment"  is  pronounced  by 
the  court,  which  is  the  sentence  given  by  the  judge 
directing  the  kind  of  penalty  to  be  inflicted  upon  the 
accused.  But  even  now  the  accused  may  appeal  to 
a  higher  court  on  a  ''writ  of  error,"  based  upon  any 
illegality  in  the  trial  which  affects  him  injuriously. 
The  judgment  is  carried  into  effect  by  an  "execution," 
or  an  order  made  by  the  court  and  directed  to  the 
proper  officer  to  inflict  upon  the  offender  the  penalty 
of  the  law. 


140  Government  of  New  York 

Justice  in  There  are  other  details  of  procedure  which  are  laid 

proce  ure.  (Jqwh  for  the  benefit  of  the  accused,  such  as  '*  change 
of  venue,"  or  the  transference  of  the  trial  from  one 
locality  to  another,  if  it  is  otherwise  impossible  to 
secure  a  fair  verdict.  But  the  statements  already 
made  are  sufficient  to  show  the  great  care  taken  to 
protect  the  rights  of  the  accused  as  well  as  the  rights 
of  the  community,  and  thus  to  secure  impartiality  and 
justice.  The  advantage  which  a  powerful  State  nat- 
urally has  in  prosecuting  one  of  its  own  subjects  is 
the  reason  for  throwing  about  an  accused  person  all 
the  safeguards  necessary  to  prevent  an  innocent  per- 
son from  being  condemned.  A  full  knowledge  of 
the  law  of  procedure  cannot  be  given  in  a  brief  re- 
view, and  must  be  left  to  the  professional  lawyer. 
But  its  e"eneral  spirit  is  a  matter  of  interest  to  all, 
since  it  shows  the  important  part  which  the  State 
performs  in  the  administration  of  justice,  and  thus  in 
the  protection  of  the  rights  of  its  citizens. 


CHAPTER    IX 
THE   PROTECTION   OF   THE   COMMUNITY 

5 1 .    References 

Cooley,  Constitutional  Limitations,  ch.  i6,  "Police  Power  of  the 
States";  Lalor,  Cyclopcvdia  of  Political  Science^  "Police,"  "Police  Power 
of  a  State";  Johnson,  Cyclopedia,  "Police  Power";  Woolsey,  Political 
Science,  I.  235-240,  "Police  Power,"  also  "Nature  and  Sphere  of  the 
Police  Power"  {yo.  Journal  of  the  American  Social  Science  Association, 
1871);  Prentice,  Police  Poivers  ;  Tiedeman,  State  and  Federal  Control 
of  Persons  ajid  Property;  Parker  and  Worthington,  Law  of  LLealtli 
and  Safety  ;  Sykes,  Public  Ldealih  Problems  (in  Contemporary  Science 
Series). 

Constitution  of  N'ew  York,  Art.  XL,  ".Militia";  General  Lm7vs  of 
New  York,  ch.  16,  "The  Military  Code,"  ch.  25,  "The  Public  Health 
Law  ";  Laws  of  A^eiu  York,  iSgS,  ch.  182,  "  Act  for  the  Government  of 
Cities  of  the  Second  Class,"  Art.  VI.,  *'  Department  of  Public  Safety  '"; 
Charter  of  N'ezo  York  City,  ch.  8,  "Police  Department,"  ch.  15,  "Fire 
Department,"  ch.  19,  "  Department  of  Plealth  ";  A^ew  York  Penal  Code, 
Title  10,  "  Crimes  against  Persons  and  against  Public  Decency  and  Good 
Morals,"  Title  12,  "Crimes  against  the  Public  Health  and  Safety," 
Title  13,  "Crimes  against  the  Public  Peace";  Reports  of  the  State 
Board  of  Health,  and  of  the  Adjutant-General. 

52.     The  Police  Power  of  the  State 

Another   important  work   which    the    government   Nature  of  the 
performs  for  the  benefit  of  the  people  is  the  protec-  po^'^e  power, 
tion  of  the  community  from  the  common  dangers  to 
which  it  is  exposed.     When  we  consider  the  many 
ways  in   which   the   pubUc    safety   is   endangered  — 
dangers    arising    from    riots,  from  fires,  from  conta- 

141 


142  Government  of  New  York 

gious  diseases,  etc. — we  can  see  that  such  dangers 
cannot  be  fully  met  by  individual  efforts.  It  there- 
fore becomes  necessary  for  the  government  not  only 
to  protect  the  rights  of  individuals,  but  also  to  protect 
the  well-being  of  the  whole  community.  The  govern- 
ment protects  individual  rights,  as  we  have  seen,  by 
giving  to  the  injured  person  some  kind  of  redress,  or 
by  punishing  the  wrong-doer  by  some  kind  of  penalty. 
It  protects  the  community,  on  the  other  hand,  by  pre- 
cautionary measures  which  are  intended  to  lessen  or 
prevent  the  evils  which  threaten  the  public  safety. 
This  power  to  restrain  individual  liberty  for  the  pur- 
pose of  protecting  the  whole  community  is  called  the 
"  police  power  "  of  the  State. 
Scope  of  the  The  variety  of  subjects  over  which  this  power  may 
police  power,  be  cxerciscd  is  so  great  that  it  would  be  impossible 
to  enumerate  them  all.  It  may  be  said,  in  general, 
that  whatever  threatens  the  safety,  health,  and 
morals  of  the  community  may  be  included  within  its 
sphere — that  is,  whatever  endangers  the  public  peace, 
threatens  the  lives  and  property  of  the  public,  ex- 
poses the  health  of  the  people,  or  offends  the  moral 
sense  of  the  community.  All  these  matters  may  be 
made  the  subject  of  police  regulation ;  and  laws  may 
be  made  to  keep  them  under  proper  control,  even  at 
the  expense  of  personal  and  property  rights.^ 

^  In  Lawton  v.  Steele,  the  court  says :  "  The  extent  and  limits  of 
what  is  known  as  the  police  power  have  been  a  fruitful  subject  of  dis- 
cussion in  the  appellate  courts  of  nearly  every  State.  It  is  universally 
conceded  to  include  everything  essential  to  public  safety,  health,  and 
morals,  and  to  justify  the  destruction  or  abatement,  by  summary  pro- 
ceedings, of  whatever  may  be  regarded  as  a  public  nuisance.  Under 
this  power  it  has  been  held  that  the  State  may  order  the  destruction 
of  a  house  falling  to  decay,  or  otherwise  endangering  the  lives  of 


The  Protection  of  the  Cojuniuiiity  143 

Nearly  all  the  laws  which  are  made  for  police  pro-  its  exercise 
tection  are  made  by  the  State  legislature  or  by  the  ^y^^^^^^^^^- 
local  authorities  of  the  State  to  which  this  power  has 
been  delegated  by  the  legislature.  This  is  regarded 
as  essentially  a  State  power,  so  that  the  Federal  Gov- 
ernment scarcely  ever  exercises  it,  except  in  the  mat- 
ter of  quarantine ;  and  scarcely  ever  interferes  with 
its  exercise  by  the  State,  except  when  it  encroaches 
upon  rights  guaranteed  by  the  Federal  Constitution. 
We  can  here  see  the  benefit  which  the  people  derive 
from  the  care  exercised  by  the  State  to  protect  its  cit- 
izens, of  whatever  rank  or  condition,  from  dangers 
which  could  not  be  well  avoided  by  their  own  unaided 
efforts. 

The  execution  of  the  poHce  laws  of  the  State  and  The  •*  police 
of    local    police    ordinances    is,  to    a    great    extent,    °^^^' 
placed  in  the  hands  of  the  "  police  force  "  of  the  dif- 
ferent cities  and  villages.     This  force  consists  of   a 
body  of  men  organized  under  the  local   authorities, 
and  empowered  to  carry  out  the  police  regulations. 

passers-by;  the  demolition  of  such  as  may  be  in  the  path  of  a  confla- 
gration; the  slaughter  of  diseased  cattle;  the  destruction  of  diseased 
or  unwholesome  food;  the  prohibition  of  wooden  buildings  in  cities; 
the  regulation  of  railways  and  other  means  of  public  conveyance,  and 
of  interments  in  burial  grounds;  the  restriction  of  objectionable  trades  to 
certain  localities;  the  compulsory  vaccination  of  children;  the  confine- 
ment of  the  insane  or  those  afflicted  with  contagious  diseases;  the 
restraint  of  vagrants,  beggars,  and  habitual  drunkards;  the  suppres- 
sion of  obscene  literature  and  of  houses  of  ill-fame,  and  the  prohibition 
of  gambling  houses  and  places  where  intoxicating  liquors  are  sold. 
Beyond  this  the  State,  however,  may  interfere  whenever  the  public 
interests  demand  it;  and  in  this  particular  a  large  discretion  is  neces- 
sarily vested  in  the  legislature  to  determine  not  only  what  the  interests 
of  the  public  require,  but  what  measures  are  necessary  for  the  protec- 
tion of  such  interests."  (152  U.S.  133  —  quoted  in  Tiedenian's  State 
atid  Federal  Control  of  Persons  and  Property,  edition  1900,  I.  p.  5.) 


144  Government  of  New  York 

They  are,  in  an  important  sense,  the  protectors  of  the 
public  peace,  of  the  lives  and  property  of  citizens,  and 
of  the  health  and  the  morals  of  the  community.  While 
there  is  in  this  State  no  State  constabulary,  every  po- 
lice officer  is,  in  a  certain  sense,  an  administrative  offi- 
cer of  the  State.  Although  the  police  department  is 
a  part  of  the  local  government,  its  general  duties  are 
defined  by  the  State  law,  and  in  the  case  of  cities  are 
usually  indicated  in  the  charter.^ 

53.     Protection  of  the  Public  Peace 

Suppression        The  Community  is  protected,  in  the  first  place,  by 
ofnots.  police  laws  which  are  intended  to  preserve  the  public 

peace  and  the  general  good  order  of  society.''^  One 
of  the  ways  in  which  the  public  peace  may  be  dis- 
turbed is  by  riots.  A  riot  is  defined  to  be  an  assem- 
bly of  three  or  more  persons  who  disturb  the  public 
peace  by  doing  an  unlawful  act,  or  by  threatening  to 
do  an  unlawful  act  by  force  or  by  violence.  Persons 
who  encourage  a  riot  are  themselves  regarded  as 
rioters,  and  amenable  to  the  law.  The  law  also  for- 
bids persons  to  remain  at  a  place  of  riot  after  having 
been  warned  away  by  a  public  officer. 

1  The  ordinary  "policeman,"  in  addition  to  his  strict  duties  as  a 
police  officer,  that  is,  as  an  administrator  of  the  police  laws,  has  the 
duties  of  an  officer  of  the  court  in  making  arrests  upon  a  warrant.  As 
a  police  officer  he  may  carry  into  execution  the  police  regulations  of  the 
State  without  a  warrant;  but  as  an  officer  of  the  court  he  may  make  an 
arrest,  after  a  crime  has  been  committed,  only  upon  a  warrant.  An 
enumeration  of  the  specific  duties  v/hich  properly  belong  to  a  police 
officer,  as  such,  is  clearly  given  in  the  charter  of  the  city  of  New  York, 
§§  315-318. 

2  See  A^<?z£;  York  Penal  Code,T\\\Q  13,  "Crimes  against  the  Public 
Peace." 


The  Protection  of  the  Commimity  145 

The  public  peace  may  also  be  disturbed  by  an  uii-  Unlawful 
lawful  assembly.  An  assembly  is  unlawful  if  it  con-  ^^^^^^^^^^s. 
sists  of  three  or  more  persons  who  attempt  or  threaten 
any  act  tending  toward  a  breach  of  the  peace,  or  any 
act  which  is  itself  unlawful ;  and  every  person  is  for- 
bidden to  participate  in  such  an  assembly.  This  law 
is  not  intended  to  abridge  the  liberty  of  speech,  but 
to  protect  the  community  from  any  body  of  persons 
who  threaten  its  safety. 

The  disturbance  of  any  meeting  or  assembly,  not  Disturbing 
itself  unlawful  in  character,  is  resfarded  as  a  disturb-   !^^^^^''  "^^*^^' 

'  ^  mgs. 

ance  of  the  public  peace,  and  is  forbidden  by  the  law. 
The  people  have  a  right  to  meet  together  for  any 
lawful  purpose,  and  they  are  legally  protected  in  this 
privilege. 

The  people  have  also  a  right  not  to  be  disturbed  Use  of  fire- 
by  the  discharge  of  fire-arms,  and  the  law  prohibits  ^^"^^' 
such  a  disturbance.  It  goes  still  further,  and  forbids  a 
person  intentionally  to  point  or  aim  a  fire-arm  toward 
any  other  person,  even  though  it  be  done  without 
malice  and  with  no  intention  to  injure  any  one.  It 
also  prohil)its  the  carrying  of  concealed  weapons  with 
the  intent  to  use  them  —  except  by  a  written  permit 
of  the  police  magistrate. 

54.     Protection  of  Life  and  Property 

The  protection  of  the  community  is  still  further  Dangers  to 
insured  by  laws  intended  to  prevent  or  to  lessen  the  ^1*^ -'^'""^  P^'op- 
dangers  that  threaten  the  lives  and  property  of  citi- 
zens in  general.  In  the  previous  chapter  we  saw  how 
the  government  seeks  to  protect  the  rights  of  life  and 
property  of  each  person  by  punishing  the  wrong-doer 
after  the  injury  has  been  committed.     But  in  its  po- 


146 


Government  of  New  York 


Prevention 
of  fires. 


Explosive 
substances. 


Control  of 
streets. 


lice  regulations  the  government  seeks  to  prevent  inju- 
ries to  life  and  property  before  such  injuries  occur, 
that  is,  by  precautionary  measures  which  will  render 
life  and  property  more  safe  to  every  one. 

Some  of  the  earliest  regulations  of  this  kind  were 
made  to  prevent  the  loss  of  property  by  fires,  through 
the  organization  of  fire  departments.  In  fact,  the 
first  steps  in  the  growth  of  village  government  grew 
out  of  the  necessity  of  special  laws  to  prevent  fires  in 
thickly  settled  districts  (see  p.  108,  note).  The  fire 
department  has  a  certain  police  authority,  for  example, 
in  limiting  the  height  of  buildings  and  in  determining 
the  materials  of  which  they  may  be  constructed ;  and 
it  has  the  right  even  to  destroy  private  property,  if 
necessary  to  prevent  the  spread  of  a  conflagration.^ 

The  danger  arising  from  the  manufacture  and 
storage  of  gunpowder  and  other  explosive  substances 
is  such  as  to  require  strict  precautionary  measures. 
Laws  and  ordinances  are  therefore  made  defining 
the  limits  within  which  such  explosives  cannot  be 
manufactured,  and  forbidding  the  placing  of  such 
explosives  where  they  will  endanger  the  life  or 
property  of  citizens.^ 

There  are  also  certain  police  regulations  regarding 
streets,  which  are  intended  to  secure  the  safety  of  the 
public.  Fast  driving  or  wheeling  is  forbidden  in  the 
streets.  Dangerous  animals  are  not  allowed  to  run 
at  large.  Property  owners  are  obliged  to  keep  their 
sidewalks  in  such  a  condition  as  to  be  safe  for 
pedestrians. 

1  See  charters  of  various  cities;  also  General  Laws  of  New  York, 
ch.  21,  Village  Law,  Art.  VII.,  "  Fire  Department." 

2  New  York  Penal  Code,  §  389. 


The  Protection  of  the  Comnmnity 


147 


Railroads  are  also  subject  to  special  restrictions  in  Regulation 
order  to  insure  the  public  safety.  Proper  signals  °  ^^>^°^  s. 
and  other  precautions,  such  as  signboards  and  flag- 
men, must  be  employed  at  road  and  street  crossings. 
The  road  must  be  fenced  in  to  prevent  the  destruc- 
tion of  horses  and  cattle.  The  rate  of  speed  is  limited 
in  running  cars  through  a  village  or  city.  Strict 
regulations  are  made  regarding  the  construction  of 
roads  and  cars  —  as  to  the  weight  of  rails,  the  use  of 
couplers  and  brakes,  the  mode  of  heating  passenger 
cars,  etc.  —  all  of  which  are  intended  to  protect  the 
public.-^ 

Not  only  are  the  railroad  officials  obliged  to  submit  Malicious 
to  such  regulations  for  the  public  safety,  but  all  "^'^^  ^^' 
other  persons  are  prohibited  from  mahcious  acts  in 
connection  with  the  railroads,  which  might  endanger 
the  safety  of  the  people.  To  remove  a  rail,  to  dis- 
place a  switch,  to  put  an  obstruction  upon  the  track, 
to  tear  down  a  sign  of  warning,  to  throw  a  stone  or 
other  missile  at  a  train,  to  interfere  with  the  telegraph 
wires  —  are  acts  forbidden  by  the  law.  There  are, 
moreover,  many  other  acts  which  come  under  the 
head  of  "  malicious  mischief  "  that  do  not  relate  to 
railways  —  such  as  injuring  a  public  highway  or 
bridge,  a  landmark,  any  telegraph  or  telephone  line, 
a  gas  pipe  or  sewer  pipe,  or  machine  or  tool  belonging 
to  another  —  injuring  or  removing  a  work  of  art,  a 
monument  or  a  gravestone  —  injuring  or  defacing  a 
book,  map,  chart,  engraving  or  other  object  of  litera- 
ture or  art  belonging  to  a  public  library,  gallery,  or 
museum  —  injuring  or  defacing  a  house  of  worship 
or  any  part  of  it  —  all  of  which  acts,  and  many  more 

1  New  York  Penal  Code,  §§  416-426. 


148 


Government  of  Neiv  York 


of  like  character,  are  forbidden  by  the  law  in  order 
to  make  the  property  of  every  citizen  more  secure.^ 


Health  laws. 


State  depart- 
ment of 
health. 


55.     Protection  of  the  Public  Health 

The  government  also  insures  the  safety  of  the 
community  by  laws  intended  to  protect  the  public 
health.^  The  purpose  of  these  laws  is  not  to  promote 
the  health  of  each  individual — a  matter  in  which  the 
individual  himself  is  directly  concerned  —  but  to  pro- 
tect the  whole  community  from  the  spread  of  disease, 
and  from  those  general  conditions  which  endanger 
the  health  of  all,  and  which  cannot  be  avoided  by 
mere  individual  efforts. 

The  pubHc  health  is  regarded  as  essential  to  the 
well-being  of  society,  so  that  the  health  laws  are 
administered  under  the  most  efficient  system.  There 
is,  in  the  first  place,  a  State,  department  of  health, 
placed  under  a  commissioner  who  is  appointed  by  the 
governor.^  He  has  general  control  over  all  the  inter- 
ests which  affect  the  health  of  the  people  of  the 
State.  In  his  department  is  a  bureau  of  statistics 
for  the  registration  of  births,  marriages,  deaths,  and 
prevalent  diseases  throughout  the  State.  There  are, 
in  the  next  place,  local  departments  of  health,  organ- 
ized in  the  several  cities,  towns,  and  villages  of  the 
State,  each  assisted  by  a  health  officer,  who  must  be 
a  competent  physician.  Such  boards  make  a  record 
of  all  vital  statistics  under  the  supervision  of  the 
State  department  of   health.      They  make   sanitary 

1  New  York  Penal  Code,  ch.  14,  "  Malicious  Mischief  and  other 
Injuries  to  Property." 

2  General  Laws  of  Neiv  York,  ch.  25,  "The  Public  Health  Law." 

3  Laws  of  Netv  York,  igoi,  ch.  29. 


TJie  Protection  of  the  Community  149 

regulations  for  the  burial  of  the  dead,  and  also  such 
other  rules  as  they  think  proper  for  the  protection  of 
the  general  health  of  the  community. 

Every  local   board  of   health  is   obliged   to   guard  Contagious 
against  the  introduction  of  contagious  and  infectious  ^^^^^  ^^' 
diseases.     The  law  requires  that  all  persons  infected  diseases, 
with  such  diseases  shall  be  isolated  in  suitable  places, 
where  they  can  be  properly  treated  without  danger 
to  other   persons.     There  are  special  provisions  for 
quarantine  at  the  port  of  New  York.      The  regula- 
tions necessary  to  prevent  the  introduction  of  disease 
into  the  port  are  under  the  supervision  of  the  health 
officer  of  the  Port  of  New  York ;  and  the  property 
required  to  maintain  the  quarantine,  such  as  a  sani- 
tary hospital,  etc.,  is  placed  under  the  charge  of  three 
quarantine  commissioners. 

The  health  board  of  every  locality  has  the  authority  pubiic 
to  receive  complaints  regarding  the  existence  of  "^'sances. 
nuisances  which  are  considered  as  detrimental  to  the 
health  of  the  community.  They  can  inspect  the 
premises  complained  of,  and  if  they  think  it  necessar)^ 
can  compel  the  suppression  of  the  nuisance,  at  the 
expense  of  the  owner  of  the  property.  It  is  the  duty 
of  the  health  boards,  so  far  as  they  are  able,  to  remove 
all  conditions  which  are  found  to  be  detrimental  to 
the  health  of  the  people. 

The  public  health  may  be   put  in  jeopardy  by  the  Adulteration 
manufacture  and  sale  of  improper  food  and   impure  °J^^°^^^^ 

^       ^  ^  drugs. 

drugs.  The  general  laws  of  the  State  provide  that 
no  person  shall  produce  or  sell  any  adulterated  food  or 
drug.  The  State  department  of  health  has  the  power 
to  make  provisions  to  enforce  this  general  law.  This 
may    be    done   by  appointing   public    chemists    and 


150 


Government  of  New  York 


Water 
supply  and 
sewerage. 


Practice  of 
medicine. 


Pharmacy 
and  the  sale 
of  drugs. 


inspectors  to  examine  any  food  or  drug  offered  for 
sale  in  the  State.  The  word  ''  food "  in  the  law 
means  not  only  solid  food,  like  meat,  bread,  confec- 
tionery, etc.,  but  liquid  food,  or  beverages,  such  as 
milk,  wines,  and  liquors  of  all  sorts. 

The  State  department  of  health  also  makes  rules 
for  the  protection  from  contamination  of  all  public 
supplies  of  water  used  for  drinking  purposes  in  the 
State.  The  sewer  system  of  cities  is  generally  under 
the  control  of  the  local  authorities.  But  the  State 
commissioner  may  compel  every  village  or  hamlet, 
whether  incorporated  or  unincorporated,  to  maintain 
a  proper  system  of  sewerage,  if  it  is  deemed  necessary 
for  the  health  of  the  community. 

To  prevent  the  dangers  arising  from  the  unskilful 
practice  of  medicine,  the  law  provides  that  no  person 
may  practice  medicine  in  the  State  unless  he  has 
passed  a  satisfactory  examination  and  has  received  a 
license  to  practice.  The  license  is  issued  by  the 
board  of  regents.  The  examination  is  made  upon 
questions  prepared  by  three  boards  of  examiners, 
representing  the  three  principal  medical  societies  of 
the  State,  namely,  the  regular  Medical  Society,  the 
Homeopathic  Medical  Society,  and  the  Eclectic 
Medical  Society.  By  this  means  the  State  seeks  to 
protect  the  people  from  so-called  physicians,  who  are 
unworthy  or  incompetent  to  minister  to  the  sick. 
Similar  provisions  apply  also  to  dentists,  and  even  to 
veterinary  surgeons. 

The  community  is  still  further  protected  from 
unskilfulness  and  carelessness  in  the  preparation  and 
sale  of  drugs.  Every  druggist,  like  every  physician, 
must  receive  a  proper  license.     The  license,  in  this 


The  Protection  of  the  Commtmity  151 

case,  is  given  by  the  State  board  of  pharmacy,  which 
consists  of  fifteen  members  appointed  by  various  phar- 
maceutical societies  in  different  parts  of  the  State. 
This  board  may  make  the  necessary  rules  to  regulate 
the  compounding  of  medicines,  the  sale  of  poisons, 
the  fixing  of  the  standard  of  drugs,  and  similar 
matters  necessary  for  the  protection  of  the  public 
health. 

Among  the  means  adopted  to  prevent  the  spread  of  Vaccination 
disease  is  the  vaccination  of  school  children.  The  chi^idren 
law  provides  that  no  person  not  vaccinated  shall  be 
received  into  the  public  schools  of  the  State ;  and 
this  law  may  be  enforced  by  the  trustees  or  other 
officers  having  control  of  such  schools.  A  competent 
physician  may  be  appointed  to  ascertain  how  far  this 
law  has  been  carried  into  effect,  and  to  vaccinate 
children  when  necessary.  This  law,  like  those  pre- 
viously mentioned,  is  intended  to  protect  the  general 
health  of  the  community  from  dangers  which  cannot 
be  so  well  provided  for  by  the  individual  members  of 
society. 

56.    Protection   of   Public    Morals 

One  may  think  that  if  there  is  anything  which  is  Public  and 
beyond  the  control  of  law  it  is  the  private  act  or  con-  ^"^fiL 
duct  of  an  individual.  And  this  is  perfectly  true,  so 
far  as  the  act  concerns  only  the  individual  himself. 
For  his  private  moral  character  every  one  is  respon- 
sible to  his  own  conscience  and  to  the  moral  law.  But 
when  an  act  offends  the  general  moral  sense  of  the 
community,  it  is  something  more  than  a  private  act, 
for  it  affects  the  well-being  of  the  public,  and  should 
be  controlled  in  the  interests  and  for  the  protection  of 


152 


Government  of  Neiu  York 


Immoral 
literature. 


Immoral 
amusements. 


Acts  of 
cruelty. 


the  public.  Hence  we  must  distinguish  between 
private  morahty  and  public  morality.  The  law  does 
not  profess  to  be  able  to  make  any  person  pure  and 
upright.  It  seeks  simply  to  control  those  acts  which 
tend  to  lower  the  general  moral  tone  of  the  community. 
It  proceeds  upon  the  theory  that  the  moral  health  of 
the  community  should  be  protected  as  well  as  its 
physical  health.^ 

It  is  evident  that  the  general  moral  health  of  the 
community  is  endangered  by  the  publication  and  sale 
of  immoral  literature.  The  government,  therefore, 
tries  to  prevent  the  corrupting  influence  of  such  litera- 
ture by  forbidding  its  publication,  sale,  or  circulation. 
By  the  term  literature  is  here  included  not  only  books, 
but  pamphlets,  papers,  writings,  pictures,  or  whatever 
else  appeals  to  the  eye  or  to  the  mind. 

There  are  certain  forms  of  amusement  which  are 
regarded  as  having  a  corrupting  influence  upon  the 
community.  The  keeping  of  gambling  apparatus,  or 
any  other  device  upon  which  money  is  wagered,  is 
forbidden  in  certain  places  where  it  would  be  likely 
to  exercise  an  unhealthful  influence.  Lotteries,  or 
schemes  for  the  distribution  of  property  by  chance, 
are  declared  to  be  unlawful.  Racing  and  trials  of 
speed  for  any  bet  or  stake  are  generally  prohibited. 
Pubhc  shows  or  exhibitions  which  have  a  corrupting 
tendency  and  persons  engaged  in  immoral  vocations 
also  come  under  the  ban  of  the  law.^ 

Acts  of  cruelty  are  also  regarded  as  offences 
against  the  moral  sense  of  the  community.  A  child 
is  cruelly  treated  if    abandoned   or  neglected  by  its 

^  New  York  Penal  Code,  Title  lo,  "  Crimes  against  Good  Morals." 
2  Ibid.,  Title  ic,  chs.  8,  9. 


TJie  Protection  of  the  Co  minimi ty  153 

parents,  or  by  any  person  having  it  in  charge.  No 
person  is  allowed  to  admit  a  child  to  a  place  where 
liquors  are  sold,  or  to  sell  or  furnish  to  it  liquors  of 
any  kind,  or  to  give  to  it  tobacco  in  any  form. 
Animals  are  also  protected  from  such  acts  of  cruelty 
as  are  shocking  to  the  general  moral  sense, ^ 

While  the  law  protects  the  religious  liberty  of  every  Sabbath- 
person,  it  also  j^rotects  the  general  moral  and  religious  t>reaking. 
sense  of  the  public.  It  recognizes  the  general 
observance  of  the  Sabbath  by  forbidding  on  that  day 
those  acts  which  are  looked  upon  as  "  serious  interrup- 
tions of  the  repose  and  religious  liberty  of  the  com- 
munity." All  labor  is  prohibited  on  Sunday,  except 
works  of  necessity  or  charity  which  are  defined  to 
be,  "whatever  is  needful  during  the  day  for  the  order, 
health,  and  comfort  of  the  community."  A  person, 
however,  who  uniformly  keeps  another  day  as  the 
Sabbath  may  labor  on  Sunday,  provided  he  does  not 
disturb  other  persons.  All  lawful  religious  worship 
and  religious  meetings  are  protected  from  interruption 
or  disturbance.  The  law  thus  secures  the  religious 
liberty  of  every  person  and  at  the  same  time  protects 
the  rehgious  freedom  of  the  whole  community.^ 

57.     Military  Protfxtion 

There  may  be  times  of  great  danger,  as  in  the  case  The  militia 
of  a  riot,  an  insurrection,  or  an  invasion,  when  the   ^uj-oose 
ordinary  civil  power  is  unable  to  preserve  the  peace 
of    the    community.       To    meet   such    extraordinary 
dangers  the  use  of  military  force  becomes  necessar)^ 
The    military    power   is,    in    fact,    the    last    resource 

1  New  York  Penal  Code,  Title  i6,  "  Cruelty  to  Animals." 

2  Ibid.,  Title  lo,  ch.  i,  "  Crimes  against  Religious  Liberty." 


154 


Government  of  Nezu  York 


Active  and 

reserve 

militia. 


The  national 
guard. 


which  the  State  can  employ  to  execute  the  law  and 
to  protect  the  community;  and  it  should  be  employed 
only  when  the  civil  power  is  evidently  insufficient. 
The  military  force  of  the  State  is  called  the  "  militia." 
The  State  constitution  provides  that  all  able-bodied 
male  citizens  between  the  ages  of  eighteen  and  forty- 
five  who  are  residents  of  the  State  shall  constitute  the 
militia.  All  such  persons  are  liable  to  military  service 
—  except  those  who  are  specially  exempt  by  the  laws 
of  the  United  States  or  the  laws  of  the  State.^ 

The  militia  of  the  State  is  divided  into  two  parts, 
the  active  and  the  reserve  militia.  The  active  militia 
consists  of  the  organized  and  uniformed  forces  known 
as  the  ''  national  guard,"  and  of  the  organized  naval 
forces  known  as  the  "  naval  militia,"  which  need  not 
be  uniformed.  The  reserve  militia  includes  all  other 
persons  liable  to  military  service.^  The  reserve  militia 
is  called  upon  only  in  times  of  unusual  danger,  when 
the  active  militia  is  insufficient  to  preserve  order.  As 
the  reserve  militia  cannot  be  ready  for  immediate 
action,  it  is  necessary  that  the  active  militia  should 
be  sufficiently  large  to  meet  any  ordinary  emergency. 

The  national  guard  is  of  course  the  chief  military 
body  which  must  be  depended  upon  in  case  of  a 
sudden  public  danger.  The  aggregate  force  of  the 
national  guard  in  time  of  peace  is  by  law  fixed  at  not 
less  than  ten  thousand  nor  more  than  eighteen  thou- 
sand enlisted  men.  But  in  time  of  war,  insurrection, 
or  invasion,  this  force  may  be  increased  as  the  exi- 
gencies of  the  service  may  require.^      The  national 


1  Cojtstitution  of  Nnv  York,  Art.  XI.  §  i. 

2  General  Laivs  of  Neiv  York,  ch.  1 6,  §  5. 
*  Ibid.,  ch.  16,  Art.  II. 


The  Protection  of  the  Community  155 

guard  is  organized  into  brigades,  battalions,  and  regi- 
ments, under  their  appropriate  officers,  according  to 
the  rules  of  the  United  States  Army,  and  must  at  all 
times  be  ready  for  active  service. 

The  naval  militia  consists  of  not  more  than  two  The  naval 
thousand  men  in  time  of  peace,  although  this  number  ""^ '  '^' 
may  be  increased  in  time  of  war  or  insurrection.     It 
is  organized  into  battalions  and  divisions,  and  officered 
according  to  the  rules  of  the  United  States  Navy.^ 

For  the  purpose  of  preserving  the  arms,  equip-  Armories, 
ments,  uniforms,  and  records  of  the  organized  militia, 
armories  or  arsenals  are  provided  by  the  State. 
These  are  located  at  convenient  places,  under  the 
control  of  the  ranking  officer  of  the  organizations 
quartered  in  them.  These  armories  may  be  used  not 
only  by  the  troops  of  the  national  guard  and  the 
naval  militia,  but  by  veteran  organizations  of  de- 
tached soldiers  and  sailors,  and  also  by  educational 
institutions  for  purposes  of  military  drill.^ 

The  entire  militia  of  the  State  is  under  the  control  The  govem- 
of  the  governor,  who  has  the  power  to  call  out  the  J^^^/^aff 
whole  force  or  any  part  of  it.  As  commander-in- 
chief  of  the  militia,  the  governor  is  assisted  by  a 
military  staff  appointed  by  himself.  The  chief  offi- 
cer of  the  staff  is  the  adjutant  general,  who  has 
immediate  charge  of  the  organization  and  discipline 
of  the  State  troops.  Through  him  all  orders  of  a 
military  character  are  issued,  and  by  his  efforts  the 
peace  of  the  community,  so  far  as  it  depends  upon 
military  protection,  is  made  secure. 

^  General  Laws  of  New  York,  ch.  16,  Art.  III. 
a  Ibid.,  ch.  16,  Art.  IX. 


CHAPTER   X 
THE   SUPPORT  OF  PUBLIC   EDUCATION 

58.    References 

Boone,  Education  in  the  United  States ;  Adams,  Contributions  to 
the  Educational  History  of  the  United  States  (published  by  the  United 
States  Bureau  of  Education);  Hough,  Constitutional  Provisions  in 
regard  to  Education  in  the  Several  States  of  the  American  Union 
(United  States  Bureau  of  Education)  ;  Blackmar,  History  of  State  and 
Federal  Aid  to  Education  ;  Pratt,  Annals  of  Public  Education  in  the  State 
of  New  York,  1626-1^46  ;  Wowgh,  Historical  and  Statistical  Record  of 
the  University  of  the  State  of  Nciv  York  (with  "  Introductory  Sketch  " 
by  David  Murray)  ;  Sherwood,  History  of  Higher  Education  in  the  State 
of  New  York  (United  States  Bureau  of  Education);  University  of  the 
State  of  Nevi'  York,  Academic  Syllabus,  1900  ;  Randall,  History  of  the 
Common  School  System  in  the  State  of  New  York ;  Draper,  Origin  and 
Development  of  the  Neiv  York  Common  School  System ;  Rice,  Public 
School  System  of  the  United  States,  ch.  i,  "  Public  School  System  in 
New  York  City,"  ch.  3,  "  Public  Schools  of  Buffalo." 

Constitutio7i  of  Neiv  York,  Art.  XL,  "Education";  Laws  of  New 
York,  i8g2,  ch.  378,  "The  University  Law,"  and  i8g4,  ch.  556,  "The 
Consolidated  School  Law";  Laivs  of  New  York,  i8g8,c\i.  182,  "An 
Act  for  the  Government  of  Cities  of  the  Second  Class,"  Art.  VII.,  "  De- 
partment of  Public  Instruction";  Charter  of  New  York  City,  ch.  18, 
"Department  of  Education  ";  Reports  of  the  Regents  of  the  Univer- 
sity, and  of  the  State  Superintendent  of  Public  Instruction. 

59.     Growth  of  the  Educational  System 

State  control        Another  important  function  which  the  State  per- 
of  education.   fQj-j-f-jg  fQj-  ^^  benefit  of  the  people  is  to  encourage 

and  promote  the  cause  of  general  education.     It  is 

156 


The  Support  of  Public  Education  157 

true  that  the  cause  of  education  is  promoted  to  a 
great  extent  by  the  private  efforts  and  gifts  of  indi- 
viduals. While  the  State  does  not  discourage  in  any 
way  these  private  efforts,  it  does  not  rely  upon  pri- 
vate generosity  for  the  support  of  public  education.  ^ 
It  is  also  true  that  wealthy  parents  are  able  to  provide 
ample  means  for  the  education  of  their  own  children. 
But  the  State  proceeds  upon  the  theory  that  the  edu- 
cation of  the  poor  is  quite  as  important  as  the  educa- 
tion of  the  rich.  Moreover,  the  fact  that  the  safety 
of  our  institutions  depends  in  a  large  measure  upon 
the  intelligence  of  the  people  makes  it  necessary  for 
the  government  to  provide  means  for  the  education 
of  the  whole  community. 

The  beginnings  of  our  public  school  system  may  be  The  Dutch 
traced  back  to  the  Dutch.  Like  the  Puritans  of  New  g^j^^^jg 
England,  the  Dutch  of  New  York  saw  the  need  of 
providing  some  means  of  educating  their  children. 
The  Dutch  West  India  Company,  in  its  charter  of 
1629,  required  the  colonists  to  supply  themselves  as 
as  soon  as  possible  with  a  minister  and  a  school- 
master. The  first  schoolmaster  arrived  in  New  Am- 
sterdam in  1633.  Schools  were  soon  established  in 
Albany,  Flatbush,  and  Brooklyn.  These  schools 
were  intended  for  the  common  people,  and  were  sup- 
ported by  the  public. 

With  the  English  conquest,  the  Dutch  idea  of  com-  Education 
mon  schools  found  less  favor  than  the  English  idea  1!"^^'^!^^ 

^  Lnglish. 

of  grammar  and  Latin  schools.  The  Dutch  schools 
were  permitted  to  remain,  but  they  received  no  public 
financial  support.  The  English  government  author- 
ized the  establishment  of  a  Latin  school  in  New 
York  City  in    1687.     The  first  legislative  act  in  the 


158 


Government  of  New  York 


Creation  of 
the  board  of 
regents. 


Encourage- 
ment of 
common 
schools. 


colony  relating  to  education  was  passed  in  1702,  when 
;^50  a  year  were  appropriated  for  the  support  of  a 
grammar  school.  In  1732  an  act  was  passed  to 
encourage  a  public  school  in  New  York  City  for 
teaching  Latin,  Greek,  and  mathematics.  This  was 
followed  by  several  acts  which  authorized  the  raising 
of  money  by  lottery  (a  common  method  of  raising 
money  in  those  times)  for  founding  a  college  in  New 
York  City;  and  in  1754  King's  College  was  estab- 
lished under  a  royal  charter. 

The  first  important  educational  act  of  the  State 
after  the  formation  of  the  first  constitution  was  that 
of  1784.  By  this  act  all  the  privileges  hitherto  be- 
longing to  King's  College  (now  first  called  Columbia 
College)  were  vested  in  the  "  Regents  of  the  Uni- 
versity of  the  State  of  New  York."  This  body  was 
to  have  control  of  the  higher  education  of  the  State, 
with  the  power  to  found  schools  and  colleges,  which 
schools  and  colleges  were  to  form  a  part  of  the  Uni- 
versity. By  a  subsequent  act  of  1787,  Columbia 
College  was  placed  under  its  own  board  of  trustees  ; 
and  all  other  colleges  were  to  be  organized  with  the 
same  corporate  rights  as  Columbia.  The  regents  of 
the  university  were  authorized  to  incorporate  new 
colleges  and  academies  in  the  State  and  to  have  the 
right  of  visitation.  Upon  these  two  acts  were  founded 
the  present  organization  of  the  board  of  regents  and 
the  present  system  of  higher  education. 

Provisions  for  the  encouragement  of  common 
schools  followed  close  upon  those  made  for  the  pro- 
motion of  higher  education.  In  1789  lands  were 
set  apart  in  the  various  townships  for  the  support  of 
such   schools.      In    1793   the   regents  suggested   in 


The  Support  of  Public  Education  1 59 

their  report  the  importance  of  establishing  common 
schools  throughout  the  State  for  the  instruction  of 
children  in  the  lower  branches;  and  the  legislature  in 
the  same  year  passed  an  act  giving  a  yearly  appro- 
priation of  $50,000  for  five  years  for  this  purpose. 
This  was  followed  by  an  act  in  1805  setting  apart 
the  proceeds  of  five  hundred  thousand  acres  of  public 
land  for  the  benefit  of  the  public  schools. 

The  real  foundation  of  the  present  school  system  Foundation 
was  laid  in  18 12.  The  legislature  then  made  pro-  mon'schooi 
visions  for  a  permanent  annual  appropriation  of  system. 
$50,000.  This  was  apportioned  among  the  various 
towns ;  and  each  town  was  authorized  to  raise  by 
taxation  an  additional  amount  equal  to  the  appor- 
tioned share.  The  office  of  superintendent  of  com- 
mon schools  was  also  created.  This  office  was  held 
for  about  eight  years  (1814-1821)  by  Gideon  Hawley, 
who  has  been  called  the  "father  of  the  common 
school  system  of  New  York  State."  Under  his 
administration  the  schools  were  organized  upon  a 
systematic  basis.  The  office  of  superintendent  was 
afterward  attached  to  that  of  secretary  of  state, 
where  it  remained  for  thirty-three  years.  In  1854  it 
became  once  more  an  independent  office  under  the 
name  of  superintendent  of  public  instruction,  and 
has  since  been  maintained  as  such.  The  fund  for 
the  support  of  common  schools  has  been  constantly 
increased  since  the  early  appropriations.  At  present 
the  administration  of  the  common  school  system  is 
placed  in  the  hands  of  the  superintendent  of  public 
instruction,  and  is  entirely  distinct  from  the  super- 
vision of  higher  education,  which  is  placed  in  the 
hands  of  the  board  of  regents. 


i6o 


Government  of  New  York 


60.     Higher  Education  of  the  State 


University  of 
the  State  of 
New  York. 


Organization 
of  colleges. 


The  supervision  which  the  State  exercises  in  rela- 
tion to  higher  education  is  delegated  to  what  is  called 
the  University  of  the  State  of  New  York.  This  is 
an  organization  established  by  law,  including  all  the 
incorporated  colleges  of  the  State,  together  with  the 
incorporated  academies  and  the  academic  departments 
of  the  public  schools.  The  University  is  a  super- 
visory and  administrative,  and  not  a  teaching  institu- 
tion. It  is  governed  by  the  board  of  regents.^  This 
board  now  consists  of  nineteen  members  elected  by 
the  State  legislature,  and  four  ex  officio  members, 
namely,  the  governor,  the  lieutenant  governor,  the 
secretary  of  state,  and  the  superintendent  of  public 
instruction.  The  board  has  authority  to  incorporate 
new  colleges  and  academies,  and  other  institutions 
for  the  promotion  of  literature,  science,  or  art.  It  has 
also  power  to  visit  and  inspect  all  the  colleges  and 
academies  in  the  State,  and  to  require  an  annual 
report  of  such  institutions  regarding  their  financial 
condition,  courses  of  study,  and  attendance.  The 
board  has,  moreover,  the  power  to  confer  degrees 
above  that  of  master  of  arts.  An  important  feature 
of  their  work  is  the  discussion  of  educational  topics 
at  the  annual  convocation  of  the  University,  of  which 
the  regents  and  the  officers  of  all  colleges  and  acade- 
mies are  regarded  as  members. 

The  organization  of  Columbia  College  furnished  a 
m.odel  for  the  organization  of  other  colleges  and  uni- 
versities in  the  State.     The  college  is  recognized  as 


Laws  of  New  York,  iSg.?,  ch.  378,  "The  University  Law." 


TJie  Support  of  Public  Education  i6i 

a  "  body  corporate  "  with  power  to  receive  property 
and  to  manage  trust  funds  given  to  it  for  educational 
purposes.  The  governing  authority  is  in  the  hands 
of  a  council  or  board  of  trustees.  The  early  caution 
shown  by  the  regents  in  granting  charters  led  many 
colleges  to  apply  directly  to  the  legislature  for  their 
charters  of  incorporation.  But  they  are  all  alike 
made  subject  to  the  visitation  of  the  regents.  Under 
this  organization  and  supervision  the  college  and  uni- 
versity work  of  the  State  is  conducted.  The  State 
has  furnished  a  certain  amount  of  financial  support 
to  college  education  ;  but  this  kind  of  education  is 
largely  dependent  upon  philanthropic  gifts  and  the 
tuition  of  students. 

The  regents  also  have  a  similar  supervision  over  Professional 
the  professional  and  technical  schools  of  the  State.  ^""^  techm- 
These  include  schools  of  law,  medicine,  pharmacy, 
dentistry,  veterinary  practice,  theology,  pedagogy, 
music,  and  the  useful  arts.  There  are  also  many  pro- 
fessional departments  connected  with  the  universities 
of  the  State.  So  far  as  financial  support  is  concerned, 
the  State  has  been  even  less  active  in  the  support  of 
these  schools  than  in  the  case  of  colleges. 

The  secondary  schools  of  the  State  include  acad-  Secondary 
emies,  high  schools,  and  the  academic  departments  of 
union  schools.  They  are  designed  to  ■  prepare  the 
students  for  the  practical  affairs  of  life,  and  to  pre- 
pare persons  for  admission  to  the  first  years  of  a 
college  course.  Although  related  somewhat  to  the 
work  of  elementary  education  they  are  kept  under 
the  control  and  supervision  of  the  regents.  To  no 
other  schools  under  the  control  of  this  body  has  the 
State  given  a  greater  amount  of  financial  aid. 

M 


1 62 


Government  of  New  York 


State  Library 

and 

Museum. 


Other 

libraries  and 
museums. 


Besides  the  higher  schools  of  the  State,  the  re- 
gents also  have  control  of  the  State  Library  and  the 
State  Museum  of  Natural  History.  The  New  York 
State  Library  was  established  in  1818,  and  was  de- 
clared to  be  founded  "  for  the  use  of  the  government 
and  the  people  of  the  State."  Under  efficient  man- 
agement it  has  grown  to  be  in  recent  years  an  im- 
portant educational  agency.  The  State  Museum 
grew  out  of  the  geological  survey  of  the  State,  and 
was  intended  to  be  a  collection  of  the  specimens 
gathered  by  the  geological  survey.  Besides  the 
making  of  this  collection  there  has  been  published  in 
connection  with  the  geological  survey  a  number  of 
valuable  works  on  the  natural  history  of  the  State. 
These  two  institutions  —  the  State  Library  and  the 
Museum  —  have  been  generously  supported  by  State 
aid,  and  are  maintained  for  the  benefit  of  the  whole 
community. 

The  State  has  also  provided  for  the  establishment 
under  the  supervision  of  the  regents  of  free  libraries 
and  museums  throughout  the  State.  Any  city,  vil- 
lage, or  town  is  empowered  by  law  to  levy  taxes  to 
maintain  such  a  free  library  or  museum,  if  approved 
by  a  majority  vote  at  any  election ;  and  a  certain 
amount  of  State  aid  is  assured  to  such  an  institution. 


Superintend- 
ent of  public 
instruction. 


61.     Common  Schools  of  the  State 

The  greatest  educational  benefit  which  the  people 
receive  from  the  government  is  derived  from  the 
organization  of  the  common  school  system.  This 
provides  for  a  free  elementary  education  for  every 
person  between  the  ages  of  four  and  twenty-one.  So 
important   is   this  work  that  the   State  constitution 


The  Support  of  Public  Education  163 

directs  that  **  the  legislature  shall  provide  for  the  main- 
tenance and  support  of  a  system  of  free  common 
schools,  wherein  all  the  children  of  the  State  may  be 
educated."^  The  supervision  of  the  schools  throughout 
the  State  is  placed  in  the  hands  of  the  superintendent 
of  public  instruction.^  He  is  elected  for  a  term  of 
three  years  by  the  joint  action  of  the  senate  and 
assembly.  He  is  the  executive  and  judicial  head  of 
the  common  school  system,  and  its  success  depends 
upon  his  wise  and  efficient  administration.  He  has 
the  authority  to  inspect  all  the  schools  of  the  State, 
and  to  appoint  other  persons  to  visit  them  and  to 
report  to  him  regarding  their  condition  and  manage- 
ment. He  must  report  to  the  legislature  each  year, 
explaining  the  condition  of  the  schools  and  recom- 
mending whatever  plans  he  sees  fit  for  their  improve- 
ment. He  also  has  the  right  to  listen  to  appeals  and 
decide  questions  and  disputes  arising  in  the  apphca- 
tion  of  the  school  laws. 

Below  the  State  superintendent  are  the  school  School  com- 
commissioners.  These  officers  have  supervision  over  "^^^^i^"*^^^- 
the  schools  within  certain  districts  which  are  called 
the  "  school  commissioners'  districts,"  and  are  marked 
out  by  the  supervisors  of  the  county.  The  school 
commissioner  is  elected  by  the  quahfied  voters  of  the 
district  for  a  term  of  three  years.  He  is  responsible 
to  the  State  superintendent  for  the  condition  of  the 
schools  within  his  district.  He  examines  and  passes 
upon  the  qualifications  of  those  who  apply  for  posi- 
tions as  teachers.     He  must  inform  himself,  by  per- 

^  Constitution  of  Neiv  York,  Art.  IX.  §  I. 

^  Laws  of  New    York,  iSq4,  ch.   556,  "The   Consolidated   School 
Law." 


164 


Government  of  New  York 


School  dis- 
trict. 


Union  free 
schools. 


Schools  in 
cities. 


sonal  visitation,  of  all  matters  relating  to  the  manage- 
ment of  the  schools,  and  use  his  utmost  influence,  as 
the  law  says,  ''to  promote  sound  education,  elevate 
the  character  and  qualifications  of  teachers,  improve 
the  means  of  instruction,  and  advance  the  interests 
of  the  schools  under  his  supervision."  ^ 

The  school  commissioner's  district  is  divided  into 
school  districts,  which  are  the  smallest  units  of  the 
common  school  system.  This  division  is  made  by 
the  school  commissioners,  but  each  district  has,  for 
certain  purposes,  its  own  officers.  These  officers 
comprise,  generally,  three  trustees,  a  clerk,  a  col- 
lector, and  a  treasurer,  elected  by  the  qualified  voters 
of  the  district.  The  trustees  are  the  custodians  of 
the  school  property ;  they  make  out  the  tax  list  for 
every  tax  voted  by  the  district  for  school  purposes  ; 
they  employ  the  teachers,  and  under  the  supervision 
of  the  school  commissioner,  provide  the  means  neces- 
sary for  carrying  on  the  work  of  instruction. 

To  increase  the  educational  facihties  in  certain 
districts,  the  law  provides  for  the  establishment  of 
a  union  free  school,  whereby  the  schools  of  a  district 
or  of  adjoining  districts  may  be  united.  The  union 
free  school  takes  the  place  of  the  district  schools  of 
the  locality.  It  is  placed  under  a  local  board  of  edu- 
cation, composed  of  from  three  to  nine  trustees. 
This  board  has  charge  of  the  school  property ;  it 
has  the  power  to  make  all  needful  rules  for  the 
management  of  the  school,  and  if  thought  desirable, 
to  establish  an  academic  department. 

The  supervision  of  schools  located  in  cities  is 
provided  for  in  the  city  charters.     This  supervision 

1  Laws  of  iVezo  York,  iSgjf^  ch.  556,  §  13. 


The  Support  of  Public  Education  165 

is  generally  exercised  by  a  board  of  education  elected 
by  the  qualified  voters,  and  by  a  superintendent  of 
schools  appointed  by  the  board.  The  city  schools 
are  not  under  the  charge  of  the  school  commissioner; 
the  ordinary  duties  of  this  officer  are  exercised 
by  the  city  board  of  education,  which  is  directly 
responsible  to  the  State  superintendent.  In  cities  of 
the  second  class  there  are  appointed  five  school  in- 
spectors to  visit  the  schools  and  report  upon  their 
condition.  In  the  city  of  New  York  there  is  also  a 
board  of  examiners,  which  is  required  to  pass  upon 
the  qualifications  of  those  desiring  to  teach. 

For  the  purpose  of  giving  persons  a  special  prepa-  Normal 
ration  for  the  work  of  teaching,  the  State  has  pro-  ^'^^°^^^* 
vided  various  means.  The  most  important  of  these 
is  the  foundation  of  normal  schools.  A  normal  school 
is  established  on  the  written  request  of  certain  local 
authorities,  and  upon  the  approval  of  a  special  State 
commission.^  The  school,  when  established,  is  placed 
under  control  of  a  local  board  of  managers,  appointed 
by  the  State  superintendent  of  public  instruction. 
This  board  has  the  power,  with  the  approval  of  tho 
State  superintendent,  to  prescribe  the  course  of  in- 
struction and  to  make  all  necessary  rules  for  the 
management   of   the    school.^      Besides   the    normal 

1  This  State  commission  consists  of  the  governor,  Heutenant  gov- 
ernor, secretary  of  state,  comptroller,  State  treasurer,  attorney  gen- 
eral, and  superintendent  of  public  instruction.  The  local  authorities 
applying  for  a  normal  school  may  be  the  board  of  supervisors  of  any 
county,  the  corporate  authority  of  any  city  or  village,  or  the  board  of 
trustees  of  a  college  or  academy.     Laws  of  New  York,  iSdj,  ch.  466. 

2  There  are  at  present  (1902)  twelve  normal  schools  in  the  State, 
situated  as  follows :  Albany,  founded  in  1844;  Oswego,  1863;  Brock- 
port,     1867;      Fredonia,     1868;     Cortland,     1869;     Potsdam,     1S69; 


1 66 


Govermnent  of  New  York 


Indian 
schools. 


The  deaf 
and  dumb, 
and  blind. 


Compulsory 
education. 


schools,  the  State  provides  for  the  training  of 
teachers  by  "  teachers'  classes "  in  academies,  and 
by  "teachers'  institutes"  under  the  direction  of  school 
commissioners. 

The  State  superintendent  is  charged  with  the  duty 
of  providing  the  means  of  education  for  all  the  Indian 
children  of  the  State.  He  has  the  power  to  establish 
schools  for  this  purpose  and  to  appoint  superintend- 
ents for  such  schools ;  and  for  the  support  of  these 
schools  the  legislature  makes  an  annual  appropri- 
ation from  the  revenues  of  the  common  school 
fund. 

All  the  institutions  for  the  instruction  of  the  deaf 
and  dumb,  and  of  the  bUnd,  incorporated  under  the 
laws  of  the  State,  whether  supported  by  the  govern- 
ment or  not,  are  placed  under  the  supervision  of  the 
State  superintendent.  He  may  visit  these  schools, 
and  suggest  to  the  director  such  improvements  as 
he  thinks  expedient,  and  he  must  report  to  the  legis- 
lature as  to  their  general  condition. 

As  some  persons  do  not  take  advantage  of  the  ed- 
ucational benefits  which  are  offered  to  them,  the 
State  has  seen  fit  to  compel  school  attendance  on  the 
part  of  children  between  certain  ages.  The  law  pro- 
vides that  "  every  child  between  eight  and  sixteen 
years  of  age,  in  proper  physical  and  mental  condition 
to  attend  school,  shall  regularly  attend  upon  instruc- 
tion at  a  school  in  which  at  least  the  common  school 
branches  of  reading,  writing,  arithmetic,  EngUsh 
grammar,  and  geography  are  taught,  or  upon  equiva- 
lent  instruction  by  a  competent  teacher   elsewhere 

Buffalo,  1871  ;  Geneseo,  1871  ;  New  Palz,  1886;  Oneonta,  1889; 
Plattsburg,   1890 ;    Jamaica,   1897. 


The  Support  of  Public  Edncatio7i  167 

than  at  school."  ^  Parents  or  guardians  are  held  re- 
sponsible for  the  non-attendance  of  such  children. 
It  is  also  unlawful  for  a  person,  firm,  or  corporation 
to  employ  a  child  between  the  ages  of  eight  and 
twelve  while  the  schools  are  in  session,  or  a  child  be- 
tween the  ages  of  twelve  and  fourteen  without  a 
written  permit  from  the  local  superintendent  of 
schools.  This  law  also  provides  for  the  arrest  of 
truant  children  and  the  estabhshment  of  truant 
schools. 

62.     Administration  of  the  School  System 

We  see  that  the  State,  by  the  constitution  and  the  Biennial 
laws,  has  provided  ample  means  for  the  education  of  census 
all  its  citizens.  It  has  also  provided  efficient  methods 
for  the  administration  of  this  system.  First  of  all, 
there  is  required  some  accurate  knowledge  of  the 
number  of  children  for  whom  the  law  provides  edu- 
cational facilities,  and  the  number  of  those  who  avail 
themselves  of  these  facilities.  The  State  superintend- 
ent is  therefore  authorized  to  take  every  two  years  a 
school  census,  which  will  give  this  information,  and 
which  will  also  show  the  extent  to  which  the  com- 
pulsory school  law  is  enforced. 

If  any  locality  is  not  furnished  with   the  school  sites  for 
facilities  which  the  law   allows,   and   requires  addi-  f^^°°'" 

'  ^  nouses. 

tional  sites  for  schoolhouses,  the  law  confers  the 
authority  necessary  to  acquire  such  sites.  In  case 
the  owners  will  not  consent  to  sell  land  for  this  pur- 
pose, the  school  authorities  are  clothed  with  the 
power  to  acquire  the  land  without  the  consent  of  the 

1  Laws  of  New  Yorky  18^4,  ch,  556,  Art.  XVI,  §  3. 


i68 


Government  of  Neiv  York 


Licenses  for 
teachers. 


Courses  and 
text-books. 


Miscella- 
neous pro- 
visions. 


owner,  on  the  condition  of  paying  a  fair  compensa- 
tion. In  legal  language,  the  property  may  be  ''con- 
demned "  for  public  use.  This  provision,  however, 
is  subject  to  limitations  in  the  case  of  cities  of  more 
than  thirty  thousand  inhabitants. 

In  order  to  obtain  teachers  who  are  quahfied  to 
give  instruction  in  the  common  schools  the  law  sets 
forth  the  mode  in  which  their  qualifications  may  be 
determined.  No  person  is  permitted  to  teach  in  the 
common  schools  who  has  not  received  a  license  of 
some  kind.  This  may  be  a  diploma  granted  by  the 
State  normal  school ;  it  may  be  a  certificate  given  by 
the  State  superintendent ;  or  it  may  be  a  certificate 
given  by  the  school  commissioner  within  whose  dis- 
trict such  teacher  is  employed.  These  certificates  are 
given  upon  examinations,  which  are  supposed  to  test 
the  qualifications  of  the  persons  who  apply  for  them. 

The  course  of  study  in  the  common  schools  and 
the  adoption  of  text-books  is,  for  the  most  part,  in 
the  hands  of  the  local  authorities.  But  the  study  of 
physiology  and  hygiene  and  the  effects  of  alco- 
holic drinks  and  narcotics  upon  the  human  system  is 
especially  enjoined  by  the  law.  Besides  the  ordinary 
English  branches,  the  local  authority  provides  in  cer- 
tain schools  free  instruction  in  drawing,  vocal  music, 
and  in  industrial  training,  and  may  also  maintain  free 
kindergarten  schools.  Special  provisions  are  made 
to  prevent  frequent  changes  in  text-books,  and  the  un- 
necessary expense  to  the  people  which  such  changes 
involve. 

To  cultivate  the  spirit  of  patriotism,  the  school 
authorities  of  every  public  school  in  the  cities  and 
school  districts    are  required   to    purchase  a  United 


The  Support  of  Public  Education  169 

States  flag,  and  display  it  upon  the  school  building 
during  school  hours,  and  are  expected  to  provide  ap- 
propriate exercises  for  the  celebration  of  the  birth- 
days of  Washington  and  Lincoln.  They  are  required 
to  provide  for  such  exercises  upon  "  Arbor  Day  "  (the 
Friday  following  the  first  day  of  May)  as  shall  tend 
to  encourage  the  planting,  protection,  and  preserva- 
tion of  trees  and  shrubs.  In  order  to  secure  the 
safety  of  the  children,  the  person  in  charge  of  each 
school  of  over  a  hundred  pupils  is  required  to  train 
the  pupils  in  the  ''  fire-drill,"  so  that  they  may  be  able 
in  a  sudden  emergency  to  leave  the  building  without 
confusion  or  panic.  There  are  many  other  provisions 
made  by  the  legislature  in  order  to  secure  efficiency 
in  the  schools  of  the  State  and  to  prepare  the  younger 
generation  for  the  duties  of  citizenship. 

63.     Financial  Support  of  Education 

The  support  of  the  educational  system  requires  the  state  moneys 
expenditure  of  large  sums  of  money.  As  the  man- 
agement of  this  money  is  somewhat  distinct  from 
that  of  the  general  finances  of  the  State,  we  may 
consider  it  briefly  in  this  connection.  The  money 
used  to  defray  the  expenses  of  education  is  derived 
from  two  sources:  (i)  The  first  source  consists  of 
certain  educational  trust  funds,  namely,  the  Litera- 
ture Fund,  the  Common  School  Fund,  and  the  United 
States  Deposit  Fund.  The  Literature  Fund  consists 
of  certain  property  originally  set  apart  for  the  encour- 
agement of  literature,  the  proceeds  of  which  are  now 
placed  under  control  of  the  regents  and  distributed 
to  the  academies.     The  Common  School  Fund  con- 


used  for 
education. 


I/O 


Government  of  Neiv  York 


Appropria- 
tion for 
academies. 


Appropria- 
tion for 
common 
schools. 


sists  of  certain  other  property  of  the  State,  the  pro- 
ceeds of  which  are  distributed  by  the  State  super- 
intendent to  the  counties,  for  the  support  of  the 
common  schools.  The  United  States  Deposit  Fund 
was  derived  from  the  surplus  granted  by  the  Federal 
Government  to  the  State  in  1836.  It  was  placed  on 
deposit  for  the  benefit  of  education  and  is  now  used 
chiefly  for  the  support  of  pubhc  libraries.  (2)  The 
second  source  from  which  the  school  moneys  are  de- 
rived is  taxation.  A  part  of  this  consists  of  the  free 
school  tax  laid  by  the  State  upon  the  several  counties 
for  the  support  of  the  common  schools,  which  tax 
goes  into  the  Free  School  Fund.  Another  part  con- 
sists of  the  general  State  tax,  which  goes  into  the 
General  Fund,  from  which  special  appropriations 
may  be  made  for  educational  purposes. 

The  legislature  makes  a  yearly  appropriation  for 
the  benefit  of  the  academies,  academic  departments, 
and  libraries.  This  appropriation  is  made  from  the 
income  of  the  Literature  Fund  and  the  United  States 
Deposit  Fund.  The  money  thus  appropriated  is 
apportioned  by  the  regents  among  the  various  insti- 
tutions for  which  it  is  intended.  The  amount  appor- 
tioned to  each  academy  or  academic  department  is 
based  upon  the  number  of  pupils  who  pass  the 
"regents'  examinations."  These  examinations  are 
intended  to  ascertain  how  far  each  school  is  worthy 
of  State  aid.  The  m.oney  thus  apportioned  by  the 
regents  is  paid  by  the  State  treasurer  to  the  treasurer 
of  each  school  board. 

The  State  money  used  for  the  support  of  the  com- 
mon schools  comprises  the  money  raised  by  taxation 
for  that  purpose,  and  the  appropriations  made  by  the 


The  Support  of  Public  Education  171 

legislature  from  the  income  of  the  Common  School 
Fund,  and  from  the  General  Fund.  All  this  money 
is  placed  in  the  State  treasury  and  is  apportioned 
among  the  various  localities  by  the  State  superin- 
tendent. The  method  of  this  apportionment  is 
somewhat  complicated,  and  its  details  are  fixed  by 
law.  It  may  be  said  in  general  that  the  effort  is 
made  so  to  apportion  it  as  to  give  to  each  city,  incor- 
porated village,  union  free-school  district,  and  com- 
mon school  district  a  just  share  of  the  money  raised 
and  appropriated  by  the  legislature  for  the  mainte- 
nance of  the  common  school  system  of  the  State. 


CHAPTER   XI 
THE   SUPERVISION    OF    CHARITIES    AND    CORRECTIONS 

64.    References 

Lalor,  Cyclopcedia  of  Political  Science,  "  Charity,  Public,"  "  Charity, 
State,"  •'  Pauperism,"  "  Prisons  and  Prison  Discipline  ";  Ford,  Ameri- 
can Citizen's  Manual^  Part  II.  p.  96,  "Charitable  Institutions  ";  Ellis, 
The  Criminal  (in  Contemporary  Science  Series) ;  Pierce,  Half  Centtiry 
of  Juvenile  Delinqtieiits ;  Cammann  and  Camp,  Charities  of  Neiu  York, 
Brooklyn,  and  Staten  Island. 

Constittition  of  New  York,  Art.  VIII.  §§  11-15,  "State  Commis- 
sioners and  Charitable  Institutions,"  Art.  III.  §  29,  "  Prison  Labor," 
Art.  V.  §  4,  "  Superintendent  of  Prisons  ";  General  Laws  of  Neiv  York, 
ch.  15,  "The  Prison  Law,"  ch.  26,  "The  State  Charities  Law,"  ch. 
27,  "The  Poor  Law,"  ch.  28,  "The  Insanity  Law";  A^eiv  York  Laws, 
iSgS,  ch.  182,  "Act  for  the  Government  of  Cities  of  the  Second  Class," 
Art.  IX.,  "  Department  of  Charities  and  Corrections  ";  Charter  of  New 
York  City,  ch.  13,  "Department  of  Public  Charities,"  ch.  14,  "  Depart- 
ment of  Correction";  Reports  of  the  New  York  State  Board  of  Chari- 
ties; Reports  of  the  New  York  State  Commission  of  Lunacy;  Reports 
of  the  Prison  Association  of  New  York;  Proceedings  of  the  National 
Conference  of  Charities  and  Correction;  Proceedings  of  the  New  York 
State  Conference  of  Charities  and  Correction. 


Public  and 

private 

charity. 


65.     Charitable  Functions  of  the  State 

Perhaps  the  most  difificult  kind  of  work  which  the 
State  is  called  upon  to  perform  is  that  of  helping 
those  who  are  unable  to  help  themselves.  Poverty 
seems  to  be  a  necessary  evil;  and  as  long  as  men  are 
moved  by  motives  of  charity  there  will  always  be  a 
disposition  to  relieve  the  poor  and  distressed,  in  some 
way  or  other.     This  relief  may  be  given  by  individual 

172 


Supervision  of  Charities  and  Corrections      173 

almsgiving,  or  by  private  associations,  or  by  State  aid. 
Private  charity,  whether  given  by  individuals  or  by 
associations,  is  prompted  largely  by  benevolent  mo- 
tives. But  public  charity  is  prompted,  not  only  by 
motives  of  philanthropy,  but  also  by  the  desire  to 
protect  society  from  the  evils  and  dangers  which 
arise  from  the  existence  of  a  pauper  class.  Hence 
the  State  has  in  view  not  simply  the  relief  of  the 
individual  in  distress,  but  the  decrease  of  the  total 
amount  of  distress  which  exists  in  the  community. 
And  this  policy  applies  not  only  to  the  pauper  class, 
but  to  all  classes  of  persons  who  for  any  reason  are 
incapable  of  supporting  themselves.  Public  aid,  in 
short,  is  given  not  merely  to  confer  temporary  rehef 
upon  individuals,  but  to  afford  a  permanent  relief  to  the 
community.  We  may  group  all  those  persons  who 
are  thrown  upon  the  care  of  the  public  into  the  fol- 
lowing classes :  the  dependent  classes,  the  defective 
classes,  and  the  delinquent  classes. 

The  dependent  classes  include  those  who  through  The  depend- 
simple  poverty  are  unable  to  support  themselves,  and  ^"^  classes. 
need  some  aid  from  the  public.  They  may  be  the 
aged  and  friendless,  who  have  no  relatives  upon 
whom  they  can  rely  for  support.  They  may  be 
dependent  children,  who  have  no  parents  or  guar- 
dian able  to  support  them.  They  may  be  indigent 
sick  persons,  who  have  no  means  of  providing  medi- 
cal attendance.  They  may  be  confirmed  paupers, 
who  need  some  support  that  they  may  not  be  driven 
into  vice  and  crime.  Or  they  may  be  honorably  dis- 
charged soldiers  or  sailors,  for  whose  support  the 
public  is  willing  to  make  some  provision  as  a  reward 
for  valuable  services  already  performed. 


174 


Government  of  New  York 


The  defective 
classes. 


The  delin- 
quent 
classes. 


State  institu- 
tions. 


The  defective  classes  receiving  State  aid  include 
those  who,  in  addition  to  their  poverty,  are  afflicted 
with  some  physical  disability  or  disease,  and  require 
not  only  assistance  but  special  care  and  support. 
They  may  be  blind  or  deaf  and  dumb,  and  require 
special  modes  of  training  which  cannot  be  given  in 
ordinary  schools.  They  may  be  idiotic  or  feeble- 
minded, and  require  constant  care  and  attention. 
They  may  be  afflicted  with  epilepsy,  and  need  to  be 
placed  by  themselves,  where  their  peculiar  disease  can 
receive  the  special  treatment  which  it  requires.  They 
may  be  insane  persons,  and  need  to  be  secluded  in 
hospitals  or  asylums,  where  they  may  be  properly 
treated  if  curable,  or  properly  restrained  and  cared 
for  if  incurable. 

The  delinquent  class  includes  those  who  are  placed 
in  charge  of  the  State,  not  on  account  of  poverty  or 
physical  defects,  but  on  account  of  moral  perversity 
or  crime.  They  are  separated  from  the  rest  of  soci- 
ety, not  always  for  the  purpose  of  punishment,  but  it 
may  be  for  the  purpose  of  reformation.  They  may 
be  juvenile  offenders,  who  are  placed  under  special 
forms  of  discipline  to  develop  in  them  habits  of  in- 
dustry and  a  sense  of  right.  They  may  be  female 
deUnquents,  who  are  secluded  for  purposes  of  reform, 
and  if  need  be,  of  punishment.  They  may  be  crim- 
inals, who  have  received  the  sentence  of  the  court, 
and  compelled  to  submit  to  the  penalties  of  the  law. 

For  all  these  classes  the  State  has  provided  a  spe- 
cial set  of  institutions  —  almshouses,  homes,  schools, 
asylums,  hospitals,  colonies,  reformatories,  prisons. 
These  institutions,  whether  public  or  private,  are  all 
placed  under  the  supervision  of  the  government,  and 


Supervisiofi  of  Charities  and  Corrections      175 

many  of  them  are  supported  at  the  pubhc  expense. 
Since  the  public  money  is  used  for  the  support  of 
these  institutions,  the  greatest  care  is  necessary  to 
insure  economy  and  efficiency  in  their  management, 
and  to  prevent  unworthy  persons  from  being  made  a 
pubHc  charge.  The  machinery  of  the  central  gov- 
ernment and  of  the  local  government  —  the  city,  the 
town,  and  the  county  —  is  used  to  provide  for  the 
support  of  the  persons  mentioned  who  are  not  able 
to  support  themselves. 

66.     The  State  Charities  Law 


All  these  various  classes  of  persons,  and  the  insti-  The  state 

board  of 
charities. 


tutions  in  which  they  are  supported,  —  with  the  ex 


ception  of  the  insane  and  the  criminal  classes,  —  are 
placed  by  law  under  the  general  supervision  of  the 
State  board  of  charities.^  This  board  is  composed 
of  twelve  members  who  are  appointed  by  the  gov- 
ernor, with  the  consent  of  the  senate.  One  is  ap- 
pointed from  each  judicial  district,  and  one  additional 
member  from  the  county  of  Kings,  and  three  addi- 
tional members  from  the  county  of  New  York.  The 
board  elects  the  president  and  vice-president  from  its 
own  members.  It  may  employ  a  secretary  and  such 
other  officers  as  are  necessary  to  aid  it  in  its  proper 
work.  It  is  divided  into  committees  which  look  after 
different  classes  of  institutions  under  its  general 
charge. 

The    law    declares    that,    "The    State    board    of  Powers  and 
charities    shall    visit,    inspect,    and    maintain    a    gen-     "*^^^' 
eral  supervision  of  all  institutions,  societies,  or  asso- 

^  General  Lawi  of  Xeiv  York,  ch.  26,  "The  State  Charities  Law." 


176 


Govermne7it  of  New  York 


Visitation 
and  inspec- 
tion. 


Institutions 
under  the 
board. 


ciations  which  are  of  a  charitable,  eleemosynary, 
correctional,  or  reformatory  character,  whether  State 
or  municipal,  incorporated  or  not  incorporated,  which 
are  made  subject  to  its  supervision  by  the  constitu- 
tion or  by  law."  ^  With  reference  to  such  institu- 
tions the  board  has  the  power  and  is  obliged  to  aid 
in  securing  a  humane  economic  administration ;  to 
advise  the  officers  as  to  their  official  duties ;  to  aid  in 
securing  the  erection  of  proper  buildings  and  in 
securing  their  best  sanitary  condition ;  to  see  that 
children  are  provided  with  suitable  industrial,  mental, 
and  moral  training ;  to  establish  rules  for  the 
reception  and  retention  of  inmates ;  and  to  investi- 
gate the  condition  of  the  poor  seeking  public  aid 
and  advise  measures  for  their  relief. 

The  power  possessed  by  the  State  board  is  made 
efficient  by  the  authority  given  it  by  law  to  visit  and 
thoroughly  inspect  all  institutions  under  its  supervi- 
sion. The  board  may  appoint  a  committee  of  one  or 
more  of  its  members  to  inspect  any  such  institution. 
The  committee  thus  appointed  has  the  legal  power 
to  compel  the  attendance  of  witnesses  and  the  pro- 
duction of  papers ;  to  administer  oaths,  and  to 
examine  persons  under  oath.  If  any  abuses,  defects, 
or  evils  are  discovered  in  the  management  of  an 
institution,  it  may  correct  them.  By  this  means  the 
charitable  institutions  of  the  State  may  be  made  to 
fulfil  the  purpose  for  which  they  are  designed. 

The  institutions  which  are  placed  by  law  under  the 
supervision  of  this  board  are  numerous  and  varied. 
There  are  a  certain  number  of  State  charitable  insti- 
tutions which  are  entirely  dependent  upon  the  support 

^  General  Laws  of  New  Yorky  ch.  26,  §  9. 


Supervision  of  Charities  and  Corrections      177 

of  the  State. -^  There  are  many  other  institutions  which, 
though  estabHshed  by  private  associations,  are  to  a 
large  extent  dependent  upon  State  aid.  Besides  these 
there  are  almshouses  in  all  the  counties  of  the  State, 
supported  by  the  county  and  towns.  There  are  in 
addition  a  vast  number  of  private  charitable  institu- 
tions, which  are  supported  by  the  voluntary  gifts 
of  the  public.  All  these  institutions,  whether  public 
or  private,  are  subject  to  the  supervision  and  in- 
spection of  the  State  board  of  charities. 

6^.     The  Poor  Lav^ 

A  large  part  of  the  charitable  work  of  the  State  is  care  of  the 
devoted  to  the  care  of  the  poor.  The  law  defines  a  p°°^- 
poor  person  as  "  one  unable  to  maintain  himself,"  and 
declares  that  "  such  person  shall  be  maintained  by  the 
town,  city,  county,  or  State."  The  kind  of  maintenance 
or  relief  which  is  afforded  to  the  poor  may  take  one 
of  three  forms.  It  may  consist  in  placing  a  person 
in  an  almshouse  to  be  entirely  supported  at  public 
expense.     It   may  consist   in    giving   him   a   certain 

1  The  State  charitable  institutions,  supported  by  public  aid,  are 
thirteen  in  number:  Western  Home  of  Refuge  for  Women,  Albion; 
State  School  for  the  Blind,  Batavia  ;  Soldiers'  and  Sailors'  Home, 
Bath;  Craig  Colony  for  Epileptics,  Sonyea;  State  Reformatory,  Elmira; 
House  of  Refuge  for  Women,  Hudson;  Custodial  Asylum  for  Feeble- 
minded Women,  Newark;  Woman's  Relief  Corps  Home,  Oxford; 
Society  for  the  Reformation  of  Juvenile  Delinquents,  Randall's  Island; 
State  Industrial  School,  Rochester;  Custodial  Asylum  for  Unteachable 
Idiots,  Rome;  Institution  for  Feeble-minded  Children,  Syracuse; 
Asylum  for  Orphan  and  Destitute  Indian  Children,  Iroquois;  House  of 
Refuge  for  Women,  Bedford.  The  great  extent  of  the  charitable  work 
done  in  the  State  under  the  supervision  of  the  State  Board  of  Charities 
can  be  appreciated  only  by  consulting  the  "Directory"  issued  with  the 
report  of  this  Board. 
N 


178 


Government  of  New  York 


County 
superintend- 
ent of  the 
poor. 


Town  over- 
seer of  the 
poor. 


amount  of  aid  at  his  own  home.  Or  it  may  consist 
in  furnishing  him  with  some  kind  of  out-door  work 
which  will  partly  pay  for  his  support.  However 
the  aid  may  be  given  —  whether  by  the  almshouse,  or 
by  home  relief,  or  by  out-door  relief  —  great  care  is 
necessary  to  discriminate  between  the  worthy  and  the 
unworthy  poor,  and  not  to  waste  the  public  money. 
The  duty  of  supporting  the  poor  is  divided  between 
the  county,  the  town  or  city,  and  the  State.  Those 
persons  who  must  be  supported  or  relieved  by  the 
county  are  called  the  ''county  poor";  those  by  the 
town  or  city,  the  '*  town  poor " ;  those  by  the  State, 
the  *'  State  and  alien  poor." 

The  general  supervision  and  care  of  poor  persons 
in  each  county  is  in  the  hands  of  the  county  super- 
intendent of  the  poor.^  He  is  elected  by  the  voters 
of  the  county  for  a  term  of  three  years.  He  must 
provide  suitable  almshouses,  when  directed  by  the 
board  of  supervisors ;  and  make  the  rules  neces- 
sary for  the  government  and  management  of 
such  almshouses,  subject  to  the  written  approval 
of  the  county  judge.  He  must  draw  on  the 
county  treasury  for  money  necessary  to  maintain 
the  poor  at  the  almshouse,  and  to  furnish  neces- 
sary relief  to  the  "  county  poor "  who  need  only 
temporary  aid,  or  who  can  be  helped  elsewhere  than 
at  the  almshouse. 

The  supervision  and  care  of  the  "  town  poor  "  is  in 
the  hands  of  the  overseer  of  the  poor,  in  the  town  or 
city.  The  overseer  may,  if  in  his  judgment  an  appli- 
cant needs  public  support,  cause  the  removal  of  such 
person  to  the  county  almshouse ;  or  give  temporary 

1  General  Laws  of  New  York,  ch.  27,  "The  Poor  Law." 


Supervision  of  Charities  and  Corrections      179 

relief  at  their  homes  to  such  indigent  persons  as  can- 
not, or  need  not,  be  removed  to  the  ahiishouse. 

In  order  to  determine  whether  a  person  is  properly  Town  and 
chargeable  to  the  town  or  to  the  county,  the  law  fixes  ^°^"^y  p°°^- 
his  place  of  "  settlement."  If  a  poor  person  has  been 
a  resident  of  a  town  or  city  for  one  year,  he  is  re- 
garded as  having  gained  a  settlement  in  that  place, 
and  must  be  maintained  by  the  overseer  at  the  ex- 
pense of  the  town  or  city.  If,  however,  he  has  not 
gained  a  settlement  in  any  town  or  city  in  the  county, 
but  has  been  in  the  county  for  sixty  days,  he  must  be 
supported  or  relieved  by  the  superintendent  of  the 
poor  at  the  expense  of  the  county.  It  is  not  per- 
mitted, without  legal  authority,  to  remove  poor  persons 
from  one  locality  to  another  for  the  purpose  of  avoid- 
ing the  duty  of  supporting  them. 

There  may  be  certain  persons  who  have  not  gained  The  state 
a  settlement  in  any  town  or  city,  and  who  have  not  ^°°^' 
lived  in  any  county  for  sixty  days.  Such  persons 
who  are  chargeable  neither  to  the  town  or  county 
are  regarded  as  the  **  State  poor,"  and  are  supported 
at  the  expense  of  the  State.  For  this  purpose  a 
certain  number  of  almshouses  are  designated  as  State 
almshouses,  which,  in  addition  to  maintaining  the  town 
and  county  poor,  receive  the  poor  of  the  State.  Such 
almshouses  are  subject  to  the  visitation  of  a  State 
officer  called  the  superintendent  of  the  State  and 
alien  poor.  Poor  persons  among  the  Indians  are 
regarded  as  the  State  poor,  and  may  be  committed  to 
the  almshouse  of  any  county  in  which  they  may 
reside,  their  support  being  paid  for  by  the  State. 

The  law  makes  special  provisions  for  those  poor  Poor  soldiers 
persons  who  have  served  their  country.     It  provides  ^"^  s^^^'^''^- 


i8o 


Governnie7tt  of  Neiv  York 


State  com- 
mission in 
lunacy. 


Institution 
for  the 
insane. 


that  "  no  poor  or  indigent  soldier,  sailor,  or  marine 
who  has  served  in  the  military  or  naval  service  of 
the  United  States,  nor  his  family,  nor  the  families  of 
any  who  may  be  deceased,  shall  be  sent  to  any  alms- 
liouse,  but  shall  be  relieved  and  provided  for  at  their 
homes  in  the  city  or  town  where  they  may  reside, 
provided  they  have  been  residents  of  the  State  for 
one  year."  If  such  soldiers  and  sailors  have  no  homes 
they  may  be  sent  to  the  "  Soldiers'  Home."  When 
they  die,  they  are  honorably  buried  at  the  State's 
expense,  and  their  graves  are  marked  by  a  suitable 
headstone.^ 

6'^.     The   Insanity  Law 

For  the  care  of  the  insane  the  State  provides  a 
special  commission  called  the  State  commission  in 
lunacy.  It  consists  of  three  members,  appointed  by 
the  governor,  with  the  consent  of  the  senate,  for  the 
term  of  six  years.  The  duty  of  this  commission  is  to 
execute  the  laws  of  the  State  regarding  the  custody, 
care,  and  treatment  of  the  insane  ;  and  to  take  a  gen- 
eral supervision  over  all  institutions,  public  or  private, 
in  which  such  persons  are  received  for  care  or  treat- 
ment. 

There  are  at  present  eleven  hospitals  situated  in 
different  parts  of  the  State  for  the  care  and  treatment 
of  insane  persons,  who  are  thus  provided  for  at  the 
expense  of  the  State.^  Each  of  these  institutions  was 
formerly  placed  under  charge  of  a  board  of  managers, 

^  General  Latvs  of  New  York,  ch.  27,  §§  80-84. 

2  These  are  located  at  Utica,  Ovid,  Poughkeepsie,  Buffalo,  Middle- 
town,  Binghamton,  Rochester,  Ogdensburg,  Colling,  Kings  Park,  L.  I., 
and  Central  Islip.     See  General  Laws,  ch.  28,  Art.  II. 


commitment. 


Supervision  of  Charities  and  Connections      i8i 

appointed  by  the  governor  with  the  consent  of  the 
senate.  The  board  had  the  power  to  estabhsh  rules 
for  the  management  of  the  hospital,  to  appoint  a 
superintendent  who  had  immediate  control  of  the  in- 
stitution, and  to  appoint  a  treasurer  who  had  charge 
of  its  finances.  By  a  recent  law  ^  these  boards  have 
been  abolished,  and  their  powers  have  been  trans- 
ferred to  the  State  commission  in  lunacy.  This  gives 
to  the  commission  not  only  a  supervisory,  but  a  real 
administrative  authority  over  the  State  institutions. 

The  legal  method   necessary  to  commit  a  person  Order  for 
to  a  State  hospital  is  intended,  first,  to  enable   any 
person  who  is  insane  to  be  placed  in  such  an  institu- 
tion ;  and  secondly,  to  prevent  any  person  who  is  not 
insane   from  being  consigned  to  such  an   institution. 
A  person  can  be  committed  only  upon  an  order  made  by 
a  judge  of  a  court  of  record  in  a  city  or  county,  or  by 
a  justice  of  the  supreme  court  in  the  judicial  district  in 
which  the  alleged  insane  person  resides.     This  order 
of  the  court  is  based   upon    a   certificate  of  lunacy 
made  by  two  reputable  physicians,  and  upon  a  peti- 
tion made  by  some  interested  person,  whether  a  near 
relative   or  the  town    overseer   of   the   poor,   or   the 
county  superintendent  of   the   poor.     In    examining 
the  question  of  insanity  before   the   court,    there  is 
full  opportunity  to  present  evidence  of  the  facts  in 
the  case.     As  the  result  of  this  examination  the  judge 
may,  if  the  evidence  of  insanity  is  insufficient,  refuse 
the  petition  ;  or  if  the  person  is  adjudged  insane,  he 
may  place  the  person  in  the  hands  of  those  who  are 
willing  and  able    to  care  for  him,  or  issue  an  order 
committing  him  to  a  State  hospital. 

1  Laws  of  igo2,  ch.  26. 


l82 


Govemnient  of  New   York 


Insane 
criminals. 


For  the  care  of  those  insane  persons  who  may  be 
committed  by  a  criminal  court,  or  who  may  become 
insane  while  undergoing  a  sentence  in  a  prison,  sep- 
arate hospitals  are  provided.^  The  superintendents 
of  these  hospitals  are  appointed  by  the  State  super- 
intendent of  prisons. 


State  com- 
mission of 
prisoners. 


69.     The  Prison  Law 

The  custody  and  care  of  persons  undergoing  sen- 
tence for  crime  are  provided  for  by  "the  prison  law."^ 
This  law  creates  a  State  commission  of  prisons,  com- 
posed of  three  members  appointed  by  the  governor 
and  senate.  The  commission  has  the  general  super- 
vision of  "  all  institutions  used  for  the  detention  of 
sane  adults  charged  with  or  convicted  of  crime,  or 
detained  as  witnesses,  or  debtors."  It  may  inspect  all 
such  institutions,  aid  in  securing  their  just,  humane, 
and  economical  administration,  and  in  obtaining 
proper  buildings  for  the  accommodation  of  the  in- 
mates. It  may  also  recommend  such  methods  of 
employing  the  inmates  as  may  be  for  the  best  inter- 
ests of  the  pubHc.  Like  other  commissions,  its  author- 
ity is  made  effective  by  the  right  of  visitation,  which 
gives  it  the  legal  entry  to  every  institution  under  its 
charge,  with  the  right  to  make  a  thorough  examina- 
tion as  to  its  management. 
P'ison  Besides  the  visitorial  power  granted  to  the  prison 

of  New  York,  commissiou,  the  legislature  has  incorporated  the  Prison 
Association  of  New  York,  a  society  organized  to  pro- 
mote the  improvement  of  prisons.     The  legislature 


1  These  hospitals  are  situated  at  Matteawan  and  at  Dannemora. 

2  Laws  of  N'ew  York,  iSg^,  ch.  1026. 


Supervision  of  Charities  and  Corrections      183 

has  given  to  this  society  the  power  to  visit  and  exam- 
ine all  the  prisons  of  the  State  and  to  report  annually 
any  information  that  will  enable  the  legislature  to 
improve  their  government  and  discipline. 

The  general  management  of  the  three  prisons  of  Management 
the  State  ^  is  placed  in  the  hands  of  the  superintend-  o^P^'^ons. 
ent  of  State  prisons,  who  is  appointed  by  the  gov- 
ernor and  senate  for  the  term  of  five  years.  The 
superintendent  has  the  power  to  appoint  in  each 
prison  a  manager,  called  the  **  agent  and  warden," 
together  with  a  physician  and  a  chaplain.  The 
agent  and  warden  can  appoint,  with  the  approval 
of  the  superintendent,  all  the  keepers,  guards,  and 
other  employees  which  the  superintendent  thinks 
necessary  for  the  good  management  and  discipline 
of  the  prison. 

There  are  special  provisions  made  by  the  law  for  Labor  of 
the  employment  of  the  inmates  of  prisons.  The  p"^^^^^^' 
superintendent  must  see  that  all  prisoners  who  are 
physically  capable  are  employed  at  hard  labor,  not  to 
exceed  eight  hours  each  day,  except  Sundays  and 
holidays.  Their  labor  must  be  directed,  so  far  as 
possible,  toward  the  production  of  articles  which  can 
be  used  by  the  public  institutions  of  the  State  or  the 
public  institutions  of  the  counties,  cities,  or  towns. 
In  order  that  the  labor  of  prisoners  may  not  be 
brought  into  competition  with  that  of  other  laborers, 
the  superintendent  is  forbidden  to  make  any  contract 
to  let  out  the  labor  of  prisoners  to  any  person,  firm, 
or  corporation. 

*  These  prisons  are  situated,  one  at  Sing  Sing  in  Westchester  County, 
one  at  Auburn  in  Cayuga  County,  and  one  at  Dannemora  in  Clinton 
County. 


1 84 


Govcrnuicnt  of  Neiv  York 


State  reform- 
atories. 


County  peni- 
tentiaries. 


There  has  been  a  tendency  in  recent  years  to  bring 
to  bear  upon  convicts  some  motives  to  reform,  and 
to  become  law-abiding  citizens.  This  tendency  is 
shown  in  the  estabhshment  of  ''  reformatories."  Many 
institutions  originally  established  for  purposes  of 
punishment  have  acquired  more  or  less  of  a  reforma- 
tory and  charitable  nature.  Institutions  for  juvenile 
delinquents  and  reformatories  for  women  have  been 
placed  under  the  supervision  of  the  State  board  of 
charities,  and  relieved  somewhat  of  the  opprobrium 
of  penal  institutions.  The  State  has  also  adopted 
the  reformatory  idea  in  estabUshing  reformatories  for 
men.^ 

The  purpose  of  these  institutions  is  to  afford  an 
opportunity  and  to  give  encouragement  to  the  less 
depraved  class  of  criminals  to  reform  and  lead  a  bet- 
ter life.  A  person  may  be  sentenced  by  the  courts 
to  a  reformatory,  or  certain  persons  may  be  trans- 
ferred to  it  from  a  State  prison.  By  continued  good 
conduct  an  inmate  may  be  ''paroled,"  that  is,  per- 
mitted to  leave  the  institution  under  certain  condi- 
tions ;  or  he  may  receive  an  absolute  discharge  from 
imprisonment. 

The  reformatory  and  charitable  idea  is  also  applied 
to  the  county  penitentiaries.  They  are  intended  to 
stand  in  somewhat  the  same  relation  to  the  county 
jail  as  do  the  State  reformatories  to  the  State 
prison,   since   they   are   intended   to   be    educational 


^  There  are  two  of  these  institutions :  the  New  York  State  Reforma- 
tory at  Elmira,  under  the  management  of  a  board  of  five  managers 
appointed  by  the  governor,  and  a  superintendent  appointed  by  the 
board;  and  the  Eastern  Nevi'  York  Reformatory  at  Napanoch,  in  Ulster 
County,  under  the  management  of  the  State  superintendent  of  prisons. 


Supervision  of  CJiaritics  and  Corrections      185 

or  industrial  as  well  as  penal.  While  they  are  pri- 
marily county  institutions,  the  State  also  uses  them 
for  the  confinement  of  its  own  criminals.  Certain 
persons,  such  as  young  men  under  twenty-one  and 
over  sixteen  years  of  age,  and  also  women  when  con- 
victed of  a  State  prison  offence,  may  be  sentenced  to 
a  county  penitentiary,  with  the  understanding  that 
the  State  compensates  the  county  for  the  expense  of 
their  maintenance. 

An  important  feature  of  the  prison  law  relates  to  Commuta- 
the  commutation  of  sentences,  or  the  lessening  of  s^entence 
the  time  of  service  on  account  of  good  behavior. 
Any  convict  in  a  State  prison  or  penitentiary  may  by 
proper  conduct  earn  for  himself  such  a  commutation 
of  his  sentence.  If  he  performs  his  work  regularly 
and  faithfully,  and  submits  quietly  to  the  rules  of  the 
institution,  an  allowance  of  one  month  is  made  on 
each  of  the  first  two  years  ;  of  two  months  on  each 
succeeding  year  to  the  fifth  year ;  of  three  months  on 
each  following  year  up  to  the  tenth  year ;  and  of  four 
months  on  each  remaining  year  of  the  term  of  his 
sentence.  So  that  a  convict  under  sentence  of  twenty 
years  may  on  account  of  good  behavior  receive  a  de- 
duction from  his  sentence  of  more  than  five  years. 
The  policy  pursued  in  all  the  correctional  institutions 
of  the  State  is  in  harmony  with  the  spirit  of  modern 
legislation  —  not  merely  to  punish  the  criminal,  but 
also  to  attempt  to  reform  him,  and  thus  to  confer 
a  benefit  not  only  upon  the  prisoner  himself,  but 
upon  society  at  large. 


CHAPTER   XII 
THE   CONTROL  OF  ECONOMIC   INTERESTS 

70.    References 

Adams,  "Relation  of  the  State  to  Industrial  Action"  (in  Proceed- 
ings of  the  American  Economic  Association)  ;  Farrer,  T/te  State  in  Rela- 
tion to  Trade ;  Jevons,  The  State  in  its  Relation  to  Labor;  Bullock, 
Introduction  to  the  Study  of  Econotnics,  ch.  16, "  Economic  Functions  of 
Government";  Ford,  Americajt  Citizen's  Manual^  Part  II.  pp.  67-82, 
"  Corporations." 

Co7tstitution  of  New  York,  Art.  VII.  §  7,  "  The  Forest  Preserve," 
Art.  VIIL,  "Corporations";  General  Laws  of  New  York,  ch.  ii, 
"The  Public  Lands  Law,"  ch.  12,  "The  Canal  Law,"  ch.  19,  "The 
Highway  Law,"  ch.  30,  "The  Navigation  Law,"  ch.  31,  "The  Forest, 
Fish,  and  Game  Law,"  ch.  32,  "The  Labor  Law,"  ch.  ^tZ^  "The  Agri- 
cultural Law,"  ch.  34,  "The  Domestic  Commerce  Law,"  ch.  35,  "The 
General  Corporation  Law,"  ch.  36,  "The  Stock  Corporation  Law,"  ch. 
37,  "The  Banking  Law,"  ch.  t^^,  "The  Insurance  Law,"  ch.  39,  "The 
Railroad  Law,"  ch.  40,  "The  Transportation  Law,"  ch.  41,  "The 
Business  Corporation  Law,"  ch.  42, "  The  Religious  Corporation  Law," 
ch.  43,  "  The  Membership  Corporation  Law,"  ch.  44,  "  The  Benevolent 
Order  Law,"  ch.  45,  "The  Joint  Stock  Association  Law";  Reports  of 
the  Forest  Preserve  Board,  the  Bureau  of  Labor  Statistics,  the  Super- 
intendent of  Banks,  the  Railroad  Commissioners,  etc. 


Private  and 

public 

interests. 


71.     Economic  Functions  of  the  State 

There  has  been  much  discussion  as  to  how  far  the 
State  has  a  right  to  control  the  economic  interests  of 
the  community.  It  is  not  a  part  of  our  task  to  enter 
into  this  theoretical  question.  It  is  for  us  simply  to 
inquire  what  are  the  economic  interests  of  the  com- 
munity, and  how  far  the  government  of   this  State 

186 


The  Control  of  Economic  Interests  187 

actually  takes  control  of  these  interests.  Here,  as 
elsewhere,  we  must  distinguish  between  public  and 
private  interests.  We  have  already  had  our  attention 
called  to  this  distinction.  In  considering  the  sanitary 
law,  for  example,  we  saw  that  the  government  does 
not  attempt  to  make  each  person  healthy,  but  to  pre- 
serve the  general  health  of  the  community.  In  its 
educational  laws,  it  does  not  profess  to  make  every 
person  a  wise  man,  but  to  maintain  the  general  intel- 
ligence of  the  community.  So  in  its  economic  laws, 
it  does  not  try  to  make  each  person  wealthy,  but  to 
maintain  the  general  prosperity  of  the  community. 
In  short,  the  State  does  not  strive  to  make  the  indi- 
vidual healthy,  wealthy,  or  wise.  It  strives  simply 
to  lessen  those  influences  which  will  injure,  and  in- 
crease those  influences  which  will  promote,  the  gen- 
eral health,  prosperity,  and  intelligence  of  the  whole 
community. 

In  defining  the  economic  interests  of  the  com-  Economic 
munity,  we  may  say  that  they  include  all  those  *"^^'"^^^^* 
interests  which  are  involved  in  the  production,  dis- 
tribution, and  exchange  of  wealth.  Whatever  tends 
to  increase  the  total  amount  of  wealth  in  the  com- 
munity, whatever  tends  to  its  more  fair  and  equitable 
distribution  among  those  who  help  to  produce  it,  and 
whatever  makes  more  easy  its  exchange  from  one 
person  to  another,  will  contribute  to  the  economic 
interests  of  society.  To  maintain  these  interests  the 
government  must  protect  the  sources  from  which 
wealth  is  derived.  As  all  wealth  is  derived  from 
land,  labor,  and  capital,  the  land  must  be  protected, 
labor  must  be  protected,  and  capital  must  be  pro- 
tected. 


1 88  Government  of  Nciv  York 

Economic  But  thcse  sourccs  of  wealth  do  not  produce  any- 

ustries.  •thing  when  separated ;  they  must  be  combined  in  the 
various  industries,  agricultural,  manufacturing,  and 
commercial.  In  the  agricultural  industries  these 
sources  of  wealth  are  united  to  obtain  the  products 
of  the  soil ;  in  the  manufacturing  industries,  to 
change  the  raw  material  into  forms  suitable  for  use ; 
in  the  commercial  industries,  to  transfer  the  products 
from  the  producers  to  the  consumers.  In  looking 
over  the  economic  work  of  the  State,  we  must  then 
notice  what  the  government  does  to  protect  land, 
labor,  and  capital,  and  what  provisions  it  has  made 
for  the  control  of  agriculture,  manufactures,  and 
commerce. 

72.     The  Public  Lands 

Commis-  The  government  has  no   direct  control  over  the 

sionersofthe  \^^^^  witliiu  the  State,  except  those  which  are  owned 

land  ofince.  '  ^ 

by  the  State  itself,  that  is,  the  public  lands.  These 
lands  are  placed  under  the  general  control  of  State 
officers  called  the  commissioners  of  the  land  office. 
This  board  is  made  up  entirely  of  ex- officio  members, 
namely,  the  lieutenant  governor,  the  speaker  of  the 
assembly,  the  secretary  of  state,  the  comptroller,  the 
State  treasurer,  the  attorney  general,  and  the  State 
engineer  and  surveyor.  The  board  has  the  control 
of  all  State  lands  except  those  which  are  placed 
under  the  special  charge  of  some  other  officers  or 
board.  It  may  lease  such  lands  for  a  term  not  ex- 
ceeding one  year.  It  may  protect  them  by  prevent- 
ing trespasses  or  any  injury  to  the  property.  It  may 
also  sell  such  lands  and  issue  letters  patent  securing 
the  title. 


The  Control  of  Economic  Interests  189 

The  lands  of   the  State  which  are  subject  to  the   Lands  sub- 
commissioners  of  the  land  office  include  :  (i)  all  un-  J^'^^^^/^^ 

^  '  com  mis- 

appropriated State  lands,  that  is,  lands  which  are  not  sioners. 

occupied  for  any  specific  public  use;  (2)  abandoned 
canal  lands,  that  is,  lands  which  were  originally 
acquired  for  canal  purposes,  but  which  the  canal 
board  has  abandoned  for  such  purposes;  (3)  escheated 
lands,  that  is,  lands  which  have  reverted  to  the  State 
on  failure  of  heirs. 

The  government  has  purchased  the  lands  about  Niagara 
Niagara  Falls  as  a  State  reservation.  This  land  is  '^^^'^'^^^^°"- 
reserved  as  the  law  says  "  for  the  purpose  of  restor- 
ing the  scenery  of  Niagara  Falls  and  preserving  it  in 
its  natural  condition,  and  kept  open  and  free  of  access 
to  all  mankind  without  fee,  charge,  or  expense  to  any 
person  for  entering  upon  or  passing  to  or  over  any 
part  thereof."  ^  This  reservation  is  placed  under  a 
commission  of  five  members,  appointed  by  the  gov- 
ernor, and  having  the  power  to  make  all  rules  and 
regulations  necessary  to  fulfil  its  purposes.  Similar 
provisions  have  been  made  for  the  preservation  of 
the  natural  scenery  at  Watkins  Glen  and  along  the 
Palisades  on  the  Hudson  River. 

The  private  lands  within  the  State  are,  generally  state  author- 
speaking,  not  subject  to  the  control  of  the  government.  ^*y  <^^^'" 
The  government  has  authority,  however,  over  such 
private  lands,  as  we  have  seen,  for  pohce  purposes. 
It  has  also  the  right  to  tax  such  lands,  and  to  exercise 
over  them  the  right  of  **  eminent  domain,"  that  is,  to 
appropriate  them  for  public  uses,  on  condition  of  pay- 
ing a  just  compensation.  It  has,  finally,  the  right  of 
escheat,  whereby  private  lands  revert  to  the  State  on 
failure  of  heirs. 

^  General  Laws  of  N^eiu  York,  ch.  ii,  §  93. 


190 


Government  of  New  York 


Commis- 
sioner of 
forests,  fish, 
and  game. 


Forest  pre- 
serve. 


Game  laws. 


73.     Protection  of  Forests,  Fish,  and  Game 

The  exercise  of  State  authority  for  economic  pur- 
poses is  somewhat  more  evident  in  the  laws  relating 
to  the  protection  of  forests,  fish,  and  game.  As  fish 
and  game  form  important  articles  of  food,  their  prop- 
agation and  protection  are  a  matter  of  public  concern, 
as  is  also  the  protection  of  the  forests  and  waters  in 
which  they  live.  The  administration  of  the  laws  relat- 
ing to  these  subjects  is  placed  in  the  hands  of  a  single 
officer  called  the  commissioner  of  forests,  fish,  and 
game,  appointed  by  the  governor  for  the  term  of  four 
years. ^ 

The  State  has  acquired  and  reserved  extensive  for- 
est lands  in  the  region  of  the  Adirondack  Mountains, 
of  the  Catskills,  and  along  the  St.  Lawrence  River  as 
a  "forest  preserve"  to  be  always  preserved  in  their 
wild  state.  This  public  land,  being  appropriated  for 
a  special  public  purpose,  is  not  like  other  public  land 
placed  under  control  of  the  land  office,  but  is  put  in 
charge  of  the  commissioner  of  forests,  fish,  and  game. 
From  this  land  are  laid  out  certain  tracts,  which  are 
known  as  the  "  Adirondack  Park,"  the  "  St.  Lawrence 
Reservation,"  and  the  **  Deer  Parks,"  in  the  Catskills. 
The  forest  commissioner  has  control  over  the  entire 
forest  preserve,  including  these  special  parks,  and  has 
power  to  make  rules  for  their  protection  and  proper 
use. 

The  laws  made  by  the  legislature  for  the  protection 
of  game  apply  to  other  parts  of  the  State  as  well  as 
to  the  forest  preserve,  and  are  placed  under  the  forest, 
fish,  and  game  commissioner.    These  laws  provide  for 

^  Laws  of  New  York,  igoi,  ch.  94. 


tectors. 


TJie  Control  of  Econotnic  Interests  191 

**  close  seasons,"  that  is,  the  periods  of  time  within 
which  fish  or  game  cannot  be  taken  or  killed.  It 
provides  for  close  seasons  for  quadrupeds,  including 
deer,  moose,  elk,  squirrels,  hares,  rabbits,  foxes ;  for 
birds,  including  wild  ducks,  geese,  quail,  woodcock, 
grouse,  plover ;  for  fish,  including  trout,  bass,  pickerel, 
pike,  muskallonge,  salmon.  The  law  also  restricts  the 
manner  of  hunting  certain  game.  For  example,  deer 
cannot  be  hunted  by  means  of  traps  or  with  the  aid 
of  dogs ;  wild  ducks  and  geese  cannot  be  taken  ex- 
cept with  a  gun  fired  at  arm's  length  without  a  rest.^ 

In  order  to  enforce  the  game  laws,  the  commissioner  Game  pro- 
has  the  power  to  appoint  game  protectors,  thirty-eight 
in  number,  one  of  whom  is  designated  as  chief  game 
protector.  These  officers  have  the  power  to  enforce 
not  only  all  laws  relating  to  fish  and  game,  but  also 
all  laws  and  regulations  for  the  protection  of  the  for- 
est preserve,  and  the  State  public  parks.  They  have 
also  the  power  to  execute  all  warrants  issued  for  a 
violation  of  any  provision  of  the  forest,  fish,  and  game 
law.2 

74.     Agriculture  and  Agricultural  Products 

The  government  also  exercises  a  certain  supervision  Department 
over  the  industrial  interests  of  the  community  through 
the  laws  relating  to  agriculture  and  agricultural  prod- 
ucts. There  is  in  the  State  government  a  depart- 
ment of  agriculture,  the  chief  of  which  is  the 
commissioner  of  agriculture,  appointed  by  the  gov- 
ernor and  senate  for  the  term  of  three  years.  He 
may  appoint  clerks,  chemists,  and  other  assistants  to 

1  General  Laxvs  of  New  York,  ch.  31,  Part  I. 
^  Ibid.,  ch.  31,  §§  170-179. 


of  agri- 
culture. 


192 


Government  of  Neiv  York 


Dairy  prod- 
ucts. 


Diseases  of 

domestic 

animals. 


Sugar  beet 
culture. 


aid  him  in  his  duties.  The  members  of  this  depart- 
ment have  full  access  to  all  places  of  business,  farms, 
or  factories,  buildings,  cars,  or  vessels,  wherein  prod- 
ucts are  manufactured,  transported,  or  sold,  which 
come  under  the  provision  of  the  agricultural  law.^ 

This  department  has  supervision  of  the  manufacture 
of  all  dairy  products  throughout  the  State,  and  can 
enforce  the  laws  intended  to  prevent  the  adulteration 
or  imitation  of  these  products,  the  use  of  unhealthy 
utensils  in  their  manufacture,  or  the  use  of  false 
brands  in  their  sale.^ 

The  department  may  also  use  all  necessary  means 
to  suppress  infectious  and  contagious  diseases  among 
domestic  animals.  The  commissioner  may  make  such 
regulations  as  he  thinks  necessary  for  this  purpose. 
He  may  prevent  diseased  animals  from  coming  into 
the  State,  and  destroy  those  already  in  the  State,  if 
necessary,  to  prevent  the  spread  of  infection  or  con- 
tagion.^ 

The  provisions  just  mentioned  are  largely  of  the 
character  of  police  regulations  for  the  protection  of 
the  community ;  but  there  are  others  which  are  in- 
tended to  promote  more  directly  the  agricultural 
interests  of  the  State.  For  example,  the  government 
has  made  special  efforts  to  encourage  the  manufac- 
ture of  sugar  from  beets  grown  within  the  State. 
Money  has  been  appropriated  for  this  purpose,  and 
the  commissioner  of  agriculture  is  authorized  to  ap- 
portion this  money  to  persons  or  firms  engaged  in  its 
manufacture  under  conditions  prescribed  by  the  law.* 


1  General  Laws  of  New  York,  ch.  33,  §  3. 

2  Ibid.,  ch.  y^.  Art.  II.  ^  /^^v.,  ch.  33,  Art.  IV. 
4  Ibid,,  ch.  33,  Art.  V. 


The  Control  of  Economic  Interests 


193 


For  the  purpose  of  promoting  agriculture  by  scien- 
tific investigation  and  experiment,  the  State  has 
estabUshed  an  agricultural  experiment  station  at 
Geneva.  This  station  is  under  the  control  of  a  board 
of  trustees  and  is  supported  by  State  aid.  Another 
station  is  established  in  connection  with  Cornell  Uni- 
versity at  Ithaca.  The  work  done  at  these  stations 
is  supported  by  the  State  for  the  benefit  of  the  people; 
and  such  experimental  work  is  under  the  general 
supervision  and  direction  of  the  State  commissioner 
of  agriculture.  ^ 

The  commissioner  has  also  control  and  manage- 
ment of  the  State  weather  bureau,  which  is  estab- 
lished and  supported  by  the  government  for  the 
making  of  meteorological  observations.  He  is  author- 
ized to  establish  voluntary  weather  stations  in  the 
different  congressional  districts  to  act  in  cooperation 
with  the  United  States,  for  the  purpose  of  increasing 
the  usefulness  of  the  weather  service  of  the  State  and 
of  the  United  States.^ 

For  the  further  encouragement  of  agriculture  the 
legislature  makes  annual  appropriations  of  money  to 
the  various  agricultural  societies  of  the  State.  These 
appropriations  are  apportioned  in  general  with  refer- 
ence to  the  amount  of  premiums  paid  by  each  society 
at  the  annual  fair,  when  these  premiums  are  offered 
to  stimulate  agricultural  and  industrial  enterprise. 
The  societies  which  thus  receive  State  aid  are  re- 
quired to  report  to  the  State  commissioner  of  agri- 
culture.^ 

1  General  Laws  of  New  York^  ch.  33,  §§  85,  87. 

2  Ibid.,  ch.  zi,  §  86.  3  ji,id,^  eh.  33,  §§  89-90. 


Agricultural 

experiment 

stations. 


State 

weather 

bureau. 


Agricultural 
societies. 


194 


Government  of  Nciv  York 


Department 
of  labor. 


Hours  of 
labor. 


75.     Labor  and  Factory  Laws 

The  laws  relating  to  the  employment  of  labor  and 
the  management  of  factories  offer  another  illustration 
of  the  economic  functions  performed  by  the  State 
government.  The  administration  of  these  laws  is  in- 
trusted to  the  department  of  labor,  created  by  an  act 
of  1901.  The  chief  of  this  department  is  the  com- 
missioner of  labor,  appointed  by  the  governor  and 
senate  for  the  term  of  four  years.  The  commissioner 
appoints  a  first  and  a  second  deputy,  who  hold  office 
during  his  pleasure.  The  department  is  divided  into 
three  bureaus  —  the  bureau  of  factory  inspection, 
under  charge  of  the  first  deputy ;  the  bureau  of  labor 
statistics,  under  the  second  deputy ;  and  the  bureau 
of  mediation  and  arbitration,  under  the  special  charge 
of  the  commissioner  himself.  The  commissioner  and 
the  two  deputies  constitute  a  board  having  the  powers 
and  duties  heretofore  conferred  upon  the  State  board 
of  mediation  and  arbitration.^ 

The  first  provision  of  the  general  labor  law  relates 
to  the  number  of  hours  which  constitute  a  legal  day's 
work.  The  law  provides  that  "  eight  hours  shall 
constitute  a  legal  day's  work  for  all  classes  of  em- 
ployees in  the  State,  except  those  engaged  in  farm 
and  domestic  service,  unless  otherwise  provided  by 
law."  In  factories  it  is  permitted  to  employ  labor 
for  ten  hours  a  day.  In  the  case  of  labor  on  street 
railroads,  in  brickyards,  and  on  steam  railroads,  ten 
hours  are  specially  designated  as  a  legal  day's  work. 
In  the  case  of  a  railroad  accident,  extra  labor  may  be 
required,  but  only  on  the  condition  that  extra  pay  is 


^  Laws  of  A'exu  York,  igoi,  ch.  9. 


The  Control  of  Economic  Interests  195 

given.  When  a  person  employed  on  a  railroad  train 
has  been  required  for  any  cause  to  work  twenty-four 
consecutive  hours,  he  is  not  permitted  to  go  again  on 
duty  until  he  has  had  at  least  eight  hours'  rest.^ 

In  order  to  obtain  information  regarding  the  con-  Labor 
dition  of  labor  and  the  industries  of  the  State,  pro-  ^^^^^^^i*^^- 
visions  are  made  for  the  collection  of  statistics.  These 
statistics  must  show  the  important  facts  "  in  relation 
to  all  departments  of  labor  in  the  State,  especially  in 
relation  to  the  commercial,  industrial,  social,  and 
sanitary  condition  of  the  workmen  and  to  the  pro- 
ductive industries  of  the  State."  ^  The  persons  who 
are  in  charge  of  these  industries  must  furnish  the 
necessary  information  whenever  applied  to  by  the 
proper  officer.  An  annual  report  of  these  statistics 
is  made  to  the  legislature. 

The  difficulty  of  finding  employment  in  large  cities  Public  em- 
has  led  the  government  to  provide  for  the  establish-  P'°y™^"t 

*=•  ■*■  ^  bureaus. 

ment  of  '*  free  public  employment  bureaus  "  in  cities 
of  the  first  class,  that  is,  in  cities  having  a  population 
of  over  two  hundred  and  fifty  thousand.  Each  bureau 
is  placed  under  a  superintendent  appointed  by  the 
State  commissioner  of  labor.  Here  are  received  the 
applications  of  persons  seeking  to  employ  labor,  and 
also  the  applications  of  persons  seeking  for  employ- 
ment; and  for  this  service  the  government  receives 
no  compensation  or  fee.^ 

The  growth  of  large  factories  in  recent  years   has   Factory 
brought  with  it  certain  evils  which  the  government  r^g^^^^^o"^. 
seeks  to  correct.     These  evils  in  great  part  grow  out 


1  General  Laws  of  New  Yoi'k,  ch,  32,  §  7. 

2  Ibid.,  ch.  32,  §  31.  ^  Ibid.,  ch.  32,  Art.  III. 


196  Govermnejit  of  New  York 

of  the  employment  of  young  persons  who  ought  not 
to  be  employed,  and  the  bringing  together  in  build- 
ings of  a  large  number  of  persons  with  little  regard 
for  their  safety  or  health.  In  regard  to  the  employ- 
ment of  minors  the  law  makes  the  following  pro- 
vision :  "  A  child  under  the  age  of  fourteen  years 
shall  not  be  employed  in  any  factory  of  the  State. 
A  child  between  the  ages  of  fourteen  and  sixteen 
shall  not  be  so  employed,  unless  a  certificate  executed 
by  a  health  officer  be  filed  in  the  office  of  the  em- 
ployer." ^  Special  provisions  are  also  made  for  the 
safety  of  employees.  Elevators  must  be  properly 
constructed  and  inspected  ;  stairs  must  be  provided 
with  hand-rails,  and  doors  must  open  outward.  Dan- 
gerous machinery  must  be  protected  by  safeguards. 
Fire  escapes  must  be  provided  on  every  factory  three 
or  more  stories  in  height.  All  boilers  used  for  gen- 
erating steam  or  heat  must  be  kept  in  good  condition, 
and  regularly  inspected.  Provisions  are  finally  made 
for  the  health  of  the  employees.  The  walls  and  ceil- 
ings of  each  workroom  must,  if  thought  necessary,  be 
lime-washed  or  painted.  The  size  of  the  room  must 
be  proportioned  to  the  number  of  persons  employed 
in  it,  and  proper  ventilation  must  be  secured.  To  en- 
force these  provisions  special  factory  inspectors  are 
appointed  with  appropriate  power.^ 
Mediation  The  State  has,  moreover,  sought  to  provide  for  the 

settlement  of  disputes  between  employers  and  em- 
ployees by  means  of  mediation  and  arbitration.  The 
commissioner  of  labor  and  his  two  deputies  are  con- 


^  General  Laivs  of  New  York,  ch.  32,  §  70. 
2  Ibid.,  ch.  32,  Art.  VI. 


and  arbitra- 
tion 


measures. 


The  Control  of  Economic  Interests  197 

stituted  a  board  to  aid  in  these  settlements.  A 
grievance  or  dispute  may  be  referred  to  the  board 
for  its  investigation  and  decision.  Whenever  a  strike 
or  lockout  occurs  the  board  is  obliged  to  inquire  into 
its  cause,  and  to  use  its  influence  to  bring  about  an 
amicable  settlement.  Employers  and  employees  may 
refer  their  disputes  if  they  so  desire  to  local  arbitra- 
tors, from  whose  decisions  an  appeal  may  be  made 
to  the  State  board,  the  decision  of  which  is  regarded 
as  final.^ 

76.    Domestic  Commerce 

A  large  part  of  the  industrial  life  of  the  community  Weights  and 
consists  in  commercial  transactions,  or  the  buying  and 
selling  of  goods.  The  business  of  the  community 
requires  that  certain  standards  shall  be  fixed,  by  which 
goods  and  money  can  be  properly  measured ;  other- 
wise no  one  would  know  exactly  the  quantity  of  goods 
he  was  buying,  or  exactly  the  value  of  the  money  he 
was  paying.  The  fixing  of  the  standard  of  money 
and  the  standard  of  weights  and  measures  is  one  of 
the  powers  delegated  to  the  United  States  Govern- 
ment. The  supervision  of  the  money  standard  is  left 
entirely  with  the  Federal  Government.  But  the  State 
government  has  adopted  special  provisions  whereby 
the  Federal  standard  of  weights  and  measures  shall 
be  strictly  adhered  to  in  every  part  of  the  State  and 
in  every  form  of  commercial  transactions.  For  this 
purpose,  there  is  a  State  superintendent  of  weights 
and  measures,  appointed  by  the  governor,  Heutenant 
governor,  and  secretary  of  state.  He  is  obliged  to 
preserve    the    original    State    standards  in   a    secure 

^  General  Laws  of  Nexv  Yo7'k,  ch.  32,  Art.  X. 


198 


Govermnent  of  New  York 


Trade-marks 
and  brands. 


Prevention 
of  monopo- 
lies. 


place,  from  which  copies  may  be  made  for  the  cor- 
rection of  the  county  standards,  which  in  turn  are 
used  by  the  county  sealer  of  weights  and  measures 
to  correct  the  town  and  city  standards.  Finally,  the 
sealer  of  v/eights  and  measures  in  each  town  or  city 
stamps  with  an  official  seal  the  standards  used  by 
business  men  in  their  dealings  with  each  other.^ 

While  the  government  may  fix  a  standard  whereby 
the  quantity  of  the  goods  may  be  accurately  measured, 
it  is  difficult  to  fix  any  standard  in  regard  to  their 
quahty.  A  certain  standard  is  indeed  fixed  in  respect 
to  a  few  things,  like  distilled  spirits  and  oils  and  fertil- 
izers. But  the  purchaser  must  generally  depend  upon 
his  own  judgment,  or  upon  a  special  guarantee  given 
by  the  seller.  The  law  does  much,  however,  to  main- 
tain a  high  grade  of  goods,  by  authorizing  and  protect- 
ing the  use  of  "  trade-marks  "  and  "  brands."  A  trade- 
mark or  brand  legally  adopted  by  one  manufacturer 
may  not  be  used  by  another.  Hence,  the  person  who 
buys  goods  stamped  with  a  legal  trade-mark  knows 
that  the  goods  are  guaranteed  to  be  what  they  are 
represented  to  be  by  the  manufacturer.  In  this  way 
the  government  protects  every  firm  which  tries  to 
maintain  a  high  standard  in  the  quality  of  its  goods. ^ 

The  government  recognizes  the  fact  that,  generally 
speaking,  every  business  is  best  managed  when  car- 
ried on  freely  and  without  restraint.  But  it  also 
recognizes  the  fact  that  when  a  business  is  conducted 
in  such  a  way  as  to  be  detrimental  to  the  welfare  of 
the  people,  it  must  be  placed  under  restraint.  If,  for 
example,  a  firm  gets  such  an  exclusive  control  of  the 

1  General  Laws  of  Nezv  York,  ch.  34,  Art.  I. 

2  Ji^iii,^  ch.  34,  Art.  II. 


The  Control  of  Economic  Interests  199 

manufacture  or  sale  of  any  article  as  to  prevent  com- 
petition, and  is  thus  able  to  control  its  price  without 
regard  to  the  cost  of  its  production,  such  a  firm 
would  hold  a  power  inconsistent  with  the  best  inter- 
ests of  the  community.  Especially  would  this  be  the 
case  if  the  article  was  one  of  common  use  and  neces- 
sity. The  State  therefore  seeks  to  prevent  such  a 
monopoly.  The  law  declares  that  every  contract  or 
combination,  which  creates  a  monopoly  in  the  manu- 
facture or  sale  of  any  article  of  common  use  so  as  to 
restrain  or  prevent  competition,  is  "  against  pubUc 
policy,  illegal  and  void."  Any  attempt  to  form  such 
a  monopoly  is  declared  a  misdemeanor,  subject  to  a 
heavy  penalty.-^ 

The  "  domestic  commerce  law "  contains  many  Misceiia- 
other  provisions  relating  to  business  and  trade,  such  vis°ons^^°" 
as  the  establishing  of  the  legal  rate  of  interest  at  six 
per  cent,  the  licensing  of  pedlers,  pawnbrokers,  and 
private  detectives,  the  regulation  of  brokerage,  stock 
jobbing,  and  dealings  on  commission,  the  fixing  of  the 
liability  of  innkeepers,  etc.  All  these  provisions  are 
evidently  intended  to  protect  the  people  from  illegiti- 
mate business  methods,  rather  than  to  aid  them  in 
business  enterprises. 

77.     Highways  and  Bridges 

The  industrial  interests  of  the  community  require  General 
the  construction  and  maintenance   of   proper   roads  P^°^^^^°"^- 
and    bridges,    so    that    different    localities    may  be 
brought   into   relation    with    each    other.     As   these 
means  of  communication  are  intended  for  the  public 
use,  they  are  built  and  kept  in  order  by  the  public 

1  Lazvs  of  Neiv  York,  i8gg,  ch.  690. 


200 


Govcrnme7it  of  Nezv  York 


Highways  in 
towns. 


County  road 
system. 


authorities  and  at  the  pubHc  expense.  If  it  is  neces- 
sary to  appropriate  private  land  for  such  a  pubUc 
use,  the  land  may  generally  be  taken,  on  condition  of 
giving  to  the  owner  a  proper  compensation.  With 
few  exceptions,  the  duty  of  constructing  and  main- 
taining the  public  roads  and  bridges  throughout  the 
State  is  placed  by  the  general  law  upon  the  local 
authorities,  the  town  and  the  county.  In  the  case 
of  villages  and  cities,  this  duty  is  expressed  in  the 
charter  of  incorporation. 

The  highways  in  each  town  are  placed  under  the 
charge  of  the  highway  commissioners,  either  one  or 
three  in  number,  elected  for  the  term  of  two  years. 
They  are  obliged  to  keep  in  repair  the  existing  roads 
and  bridges  of  the  town,  and  when  legally  authorized, 
to  construct  new  ones.  When  the  roads  are  main- 
tained by  the  old  "  labor  system,"  the  commissioners 
fix  the  number  of  day's  labor  required  of  each  land- 
owner. Any  town  may,  however,  adopt  what  is  called 
the  "  money  system,"  whereby  the  maintenance  of 
the  highway  is  paid  for  like  any  other  town  expense 
by  taxation,  levied  and  collected  like  other  town 
taxes.  The  commissioners  may  divide  the  town 
into  highway  districts,  and  appoint  overseers  to 
look  after  the  roads  of  each  district.^ 

As  there  may  be  certain  roads  which  may  require 
a  more  general  and  careful  supervision  than  that 
which  the  towns  are  able  or  disposed  to  give,  the 
board  of  supervisors  of  the  county  may  adopt  what 
is  called  the  "  county  road  system."  By  adopting  this 
system,  the  supervisors  may  designate  any  part  or 
parts  of  the  public  highways  in  the  county  (not  in- 

1  General  Laws  of  New  York,  ch.  19,  §§  4,  25,  50-53. 


The  Control  of  Economic  Interests  201 

eluded  in  a  city)  as  "county  roads."  Tlie  expense 
of  improving,  repairing,  and  maintaining  such  county 
roads  is  paid  by  the  county,  and  it  is  apportioned  by 
the  board  of  supervisors  among  the  various  towns 
and  cities  of  the  county,  as  the  board  thinks  just. 
The  jurisdiction  of  the  county  roads  in  any  county  is 
placed  in  the  hands  of  the  board  of  supervisors, 
assisted  by  a  county  engineer  whom  the  board 
appoints.^ 

In  villages,  the  care  of  highways  or  streets  is  Highways 
placed  in  the  hands  of  the  street  commissioner,  who  and'chfeT 
acts  under  the  direction  of  the  board  of  trustees. 
In  the  case  of  cities,  this  important  duty  is  provided 
for  in  the  charter  of  incorporation,  or  in  the  general 
law  regarding  cities  of  the  second  class.  In  this 
latter  class,  the  jurisdiction  over  streets  is  given  to 
the  commissioner  of  public  works,  whom  the  law 
charges  "  with  all  the  duties  of  commissioners  of 
highways  within  the  towns  of  the  State."  In  the 
city  of  New  York  this  jurisdiction  is  given  to  the 
department  of  highways.^  However  this  authority 
may  be  exercised,  it  is  derived  from  the  State  govern- 
ment, and  is  intended  to  be  used  to  promote  the  con- 
venience and  industrial  interests  of  the  people. 

78.     Canals  and  Navigation 

One  of  the  distinguishing  features  in  the  commerce  The  canal 
of  New  York  is  the  canal  system,  which  has  been  ^°^^^- 
constructed  and  maintained  by  the  State  authority. 
It  may  be  said  that  the  completion  of  the  Erie  Canal 

1  General  Laws  of  Neiv  York,  ch.  19,  §§  54-59. 

2  Charter  of  New  York  City,  ch.  10,  Title  5. 


202  Government  of  Nezv  York 

in  1825  marks  an  epoch  in  the  commercial  prosperity 
of  the  State.  The  management  of  this  canal  with  its 
various  branches  is  a  very  important  economic  func- 
tion performed  by  the  government,  and  requires  the 
greatest  care  and  prudence.^  The  general  jurisdic- 
tion in  matters  relating  to  the  canals  is  placed  in 
the  hands  of  a  body  of  officials  called  the  "  canal 
board."  This  board  is  made  up  of  the  following 
officers:  (i)  the  commissioners  of  the  canal  fund 
(who  are  the  lieutenant  governor,  secretary  of  state, 
comptroller,  treasurer,  and  attorney  general,  ex 
officio),  who  have  special  control  of  the  money  or 
funds  appropriated  or  set  apart  for  the  maintenance 
and  improvement  of  the  canals;  (2)  the  superintendent 
of  public  works,  who  is  appointed  by  the  governor 
and  senate  during  the  term  of  the  governor;  and 
(3)  the  State  engineer  and  surveyor,  elected  by  the 
people  for  the  term  of  two  years.  The  duties  of  the 
board  thus  constituted  are  largely  supervisory  and 
judicial.  It  decides  whether  any  of  the  canal  lands 
may  be  sold,  and  whether  any  such  lands  have  been 
abandoned  for  canal  purposes,  and  investigates  and 
decides  upon  all  matters  pertaining  to  the  proper 
management  of  the  canals.^ 


1  The  canal  system  of  the  State,  which  comes  under  the  provisions 
of  "  the  canal  law,"  includes :  (i)  the  Erie  Canal,  connecting  the  waters 
of  Lake  Erie  at  Buffalo  with  those  of  the  Hudson  at  Albany;  (2)  the 
Champlain  Canal,  connecting  Lake  Champlain  with  the  Hudson; 
(3)  the  Cayuga  and  Seneca  Canal,  connecting  Seneca  Lake  with  the 
Erie  Canal ;  (4)  the  Oswego  Canal,  commencing  at  Syracuse  and  ter- 
minating at  Oswego;  (5)  the  Black  River  Canal,  extending  from  the 
Black  River  to  the  Erie  Canal  at  Rome. 

2  General  Laws  of  New  York,  ch.  12,  Art.  II. 


The  Control  of  Economic  Interests  203 

The   most   important   executive   officer   connected  Superintend- 
with  the  canal  system  is  the  superintendent  of  public  ^^l^^^Y\z 
works,  appointed   by  the  governor  and  senate  dur-  works, 
ing  the  governor's  term.     He  is  the  real  responsible 
agent  of  the  State  for  the  purpose  of   keeping  the 
canals    in    proper   repair,    and    for   the    purpose    of 
improving   or   enlarging   them,  when    such  work   is 
authorized.     He  enforces  the  provisions  of  the  canal 
law,  and  makes  all  necessary  rules  for  safe  and  speedy 
navigation.     He  is,  also,  with    his  assistants,  armed 
with  police  powers,  whereby  he  may  arrest  any  person 
committing  a  crime  which  affects  the  canals,  and  take 
such  a  person  before  a  magistrate  to  be  dealt  with 
according  to  law.^ 

The  engineering  work  relating  to  the  canals  is  put  state 
in  charge  of  the  State  engineer  and  surveyor,  who  is  s^fveyor.^" 
elected  by  the  people  for  the  term  of  two  years.  He 
makes  the  surveys,  maps,  plans,  and  estimates  required 
in  the  work  of  construction,  and  appoints  subordinate 
engineers  for  each  of  the  three  divisions  of  the  canal 
system.  He  is  also  required  to  visit  and  inspect  the 
canals  of  the  State  at  least  once  a  year,  and  report 
such  suggestions  as  in  his  judgment  the  public  inter- 
est requires.^ 

That  the  transportation  of  goods  on  canals  may  be  Canai 
properly  conducted  certain  rules  are  necessary.  In  ^^^^8^^^°"* 
the  first  place,  the  superintendent  of  public  works 
must  keep  a  "  registry "  of  all  boats  engaged  in 
navigating  the  canals.  In  the  next  place,  every 
master  of  a  boat  must  have  a  "bill  of  lading,"  which 
contains  a  complete  list  of  all  the  goods  conveyed  in 

1  General  Laxvs  of  New  York^  ch.  I2,  Art.  III. 
^  Ibid.,  ch.  12,  Art.  IV. 


204  Govermnejit  of  Nezv  York 

the  boat,  and  the  places  from  which  and  to  which  they 
are  shipped.  Again,  in  passing  from  one  place  to 
another,  the  master  must  receive  ''  clearance  papers," 
which  show  that  the  goods  intended  for  the  place 
about  to  be  left  have  been  unladen,  and  that  the 
boat  is  permitted  to  proceed.  Finally,  regulations 
are  made  limiting  the  rate  of  speed  to  four  miles  an 
hour  ;  determining  the  mode  in  which  boats  shall  pass 
through  locks  ;  prohibiting  obstructions  to  navigation; 
making  boats  Uable  for  penalties  imposed  upon  their 
owners  or  masters,  and  other  similar  matters  —  all  of 
which  are  intended  to  make  the  transportation  of 
goods  upon  the  canals  efficient  and  safe.^  As  the 
canals  are  owned  by  the  State  and  are  managed  for 
the  benefit  of  the  whole  people,  the  constitution  pro- 
vides that  ''no  tolls  shall  hereafter  be  imposed  on 
persons  or  property  transported  on  the  canals."  ^ 
River  Not  Only  docs  the  government  have  the  control  of 

the  navigation  on  the  canals,  it  also  exercises  a  super- 
vision of  the  navigation  on  the  rivers  of  the  State. 
Since  this  involves  the  transportation  of  passengers 
as  well  as  goods,  special  precautions  of  a  police 
character  are  necessary  to  protect  the  public^  These 
involve  the  inspection  of  steam  boilers  by  quahfied 
persons ;  the  proper  construction  of  steamboats  so 
as  to  prevent  fires ;  the  erection  of  suitable  stair- 
ways and  gangways ;  the  establishment  of  sailing 
rules  so  as  to  prevent  collisions ;  the  furnishing  of 
life  boats  and  life  preservers ;  the  forbidding  of 
trials  of  speed  between  vessels,  etc.     All  navigable 

1  General  Laws  of  N'ew  York,  ch.  12,  Art.  IX. 

2  Constittitiojt  of  New  York,  Art.  VII.  §  9. 
8  General  Laws  of  Nexv  York,  ch.  30,  Art.  I, 


navigation. 


The  Control  of  Economic  Interests  205 

rivers  in  the  State  are  regarded  as  public  highways, 
and  all  obstructions  tending  to  impede  navigation  are 
prohibited.  The  enforcement  of  the  rules  regarding 
navigation  on  rivers,  Hke  that  on  the  canals,  is  in  the 
hands  of  the  State  superintendent  of  public  works ; 
and  these  rules  are  intended  in  hke  manner  to  pro- 
tect and  promote  the  interests  of  the  people. 

79.     Control  of  Corporations 

All  the  business  of  the  community  is  conducted  in  Nature  of 
one  of  three  ways :  (i)  by  private  individuals,  who  are  co'^po^^^^^"^- 
practically  free  and  unrestrained  in  their  action ;  (2)  by 
firms  or  partnerships,  the  members  of  which  are  bound 
together  by  a  contract,  and  are  hmited  by  the  terms  of 
the  contract;  or  (3)  by  corporations,  which  are  bodies 
of  persons  organized  under  government  authority,  and 
which  are  hmited  by  the  provisions  of  the  charter  or 
law  under  which  they  are  formed.  By  far  the  largest 
part  of  modern  business  is  done  through  corporations. 
This  is  so,  because  by  their  methods  of  organization 
and  skilful  management  they  are  able  to  do  business 
more  economically  and  efficiently  than  private  persons, 
whether  acting  individually  or  in  partnerships.  As 
corporations  cannot  be  created  except  by  the  govern- 
ment, and  as  all  the  powers  which  they  have  are 
derived  from  the  government,  they  are,  in  fact,  the 
most  important  economic  agencies  through  which 
the  government  may  promote  the  interests  of  the 
people.  It  is  probably  true  that  the  greatest  eco- 
nomic function  performed  by  the  State  government 
is  exercised  through  its  power  to  create  corporations, 
and  to  fix  and  supervise  the  powers  v/hich  they 
exercise. 


2o6  Govermnent  of  New  York 

Corporate  The  powcrs  which  are  and  must   be  given  to  all 

powers.  corporations    are   those  which    are   necessary  to   do 

ordinary  business,  that  is,  the  power  to  elect  officers 
and  to  make  by-laws ;  the  power  to  receive,  hold, 
and  dispose  of  property,  to  make  contracts,  and 
to  sue  (which  involves  the  liability  to  be  sued)  in 
a  court  of  law.  These  are  the  general  and  essen- 
tial powers  of  a  corporation.  Beyond  these  general 
powers,  there  may  be  granted  to  different  kinds  of 
corporations  special  powers,  according  to  the  special 
purpose  for  which  they  are  created.  But  even  in  this 
case,  the  constitution  of  the  State  provides  that  the 
special  powers  granted  to  corporations  must  be  con- 
ferred by  general  laws,  and  not  by  special  acts.^ 
This  means  that  a  corporation  cannot  be  created  for 
the  sole  benefit  of  a  particular  body  of  persons.  It 
must  be  of  such  a  character  as  to  promote  the  in- 
terests of  all  persons  engaged  in,  or  related  to,  the 
same  kind  of  business  throughout  the  State.  The 
corporation,  in  short,  must  be  created  for  the  benefit 
and  not  for  the  detriment  of  the  people. 
Classification  In  Order  to  deal  intelligently  with  the  various  kinds 
°/^°'"P°^^'  of  corporations  in  the  State,  the  law  groups  them 
into  different  classes,  as  follows  :  — 

(i)   Municipal  corporations,  or  the  territorial   divi- 
sions of  the  State  established  by  law  for  the  purpose 
of  self-government;   these   include   the   county,   the 
town,  the  school  district,  the  village,  and  the  city. 
(2)  Stock  corporations^  or  those  corporations  which 

1  The  Constitution  makes  an  exception  of  municipal  corporations 
and  those  "  cases  where,  in  the  judgment  of  the  legislature,  the  object 
of  the  corporation  cannot  be  attained  under  general  laws."  —  Constitu- 
tion of  New  York,  Art.  VIII.  §  i. 


tions. 


TJie  Control  of  Economic  Interests  20/ 

are  organized  primarily  for  the  purpose  of  making 
pecuniary  profits,  having  a  capital  stock  divided  into 
shares,  and  authorized  by  law  to  distribute  to  the 
stockholders  dividends  or  shares  of  the  surplus 
profits  of  the  company.  Such  corporations  include  {a) 
moneyed  corporations,  that  is,  banking  corporations 
and  insurance  companies  ;  {U)  transportation  corpora- 
tions, that  is,  railroad  companies  and  other  companies 
engaged  in  the  transportation  of  persons  or  commodi- 
ties ;  and  ic)  business  corporations,  that  is,  all  other 
companies  formed  to  carry  on  business  involving  a 
division  of  profits. 

(3)  Non-stock  corporations y  or  all  private  corpora- 
tions other  than  those  designated  as  stock  corporations, 
and  not  organized  primarily  for  the  division  of  pecu- 
niary profits.  These  include  {a)  rehgious  corporations, 
that  is,  churches,  and  other  religious  bodies ;  and 
(<^) membership  corporations,  that  is,  societies  organized 
for  the  mutual  benefit  of  the  members,  other  than  for 
a  mere  pecuniary  benefit ;  these  include  cemetery 
associations,  societies  for  the  prevention  of  cruelty, 
hospitals.  Christian  associations,  bar  associations, 
veteran  associations,  benevolent  orders,  or  any  other 
lawful  associations  organized  for  a  similar  purpose.-^ 

The  great  power  which  can  be  exercised  by  organ-  Supervision 
ized  bodies  of  men,  as  compared  with  private  individ-  °/ ^5'^^°'^'^" 
uals,  makes  it  necessary  to  place  corporations  under 
government  control.     This  control  may  be  exercised, 
in  the  first  place,  by  the  careful  preparation  of  the 
laws  by  which  these   bodies  are    created    and    from 

1  The  classification  given  in  the  "  general  corporation  law  "  adds  a 
fourth  class,  "mixed  corporations";  but  these  are  mostly  treated  in 
the  law  as  coming  under  membership  corporations. 


2o8  Government  of  New  York 

which  they  derive  all  their  power.  The  most  effective 
way  to  control  a  corporation  is  through  the  law  which 
creates  it.  The  government  has,  therefore,  used  the 
best  legal  ability  of  the  State  to  frame  the  laws  relat- 
ing to  corporations,  defining  with  the  utmost  care  and 
greatest  detail  their  powers  and  Hmitations.^  The 
control  of  corporations  may  be  exercised,  in  the 
second  place,  by  a  strict  government  supervision  and 
inspection  to  see  that  the  provisions  of  the  law  are 
properly  observed,  and  by  pubHshed  reports  enabling 
the  community  to  know  of  the  condition  and  methods 
of  their  business.  In  looking  over  the  various  cor- 
porations, as  classified  in  the  previous  paragraph,  we 
can  see  that  those  companies  which  are  organized  for 
the  purpose  of  making  money  and  of  dividing  the 
profits  among  their  members  would  be  most  likely  to 
need  supervision — that  is,  the  stock  corporations.  And 
of  these,  the  corporations  that  come  into  the  closest 
relation  to  the  people  at  large  are  probably  the  banks, 
the  insurance  companies,  and  the  railroads.  Over 
these  corporations  the  government  has  established 
special  means  of  supervision. 
State  bank-  The  Supervision  of  all  banks  in  the  State  is  placed 
ment*^^^^^^'      "-^  ^^^  hands  of  the  State  banking  department.^     The 

1  The  thoroughness  with  which  this  work  has  been  done  may  per- 
haps be  judged  from  the  fact  that  of  the  four  thousand  pages  covered 
by  the  General  Laws  of  New  York,  as  compiled  by  the  Statutory  Re- 
vision Commission,  nearly  one-fourth  of  the  space  is  devoted  to  the  laws 
relating  to  the  different  kinds  of  corporations. 

2  The  term  "  bank  "  is  defined  in  the  law  to  mean  "  any  monied 
corporation  authorized  by  law  to  issue  bills,  notes,  or  other  evidences 
of  debt  for  circulation  as  money,  or  to  receive  deposits  of  money  and 
commercial  paper,  and  to  make  loans  thereon,  and  to  discount  bills, 
notes,  or  other  commercial  paper,  and  to  buy  and  sell  gold  and  silver 


The  Control  of  Ecojioniic  Interests  209 

chief  of  this  department  is  the  superintendent  of 
banking,  appointed  by  the  governor  and  senate  for  the 
term  of  three  years.  He  is  aided  in  his  duties  by  the 
necessary  clerks  and  a  large  staff  of  bank  examiners. 
He  has  the  power,  and  it  is  his  duty,  either  personally 
or  by  his  examiners,  to  visit  and  inspect  from  time  to 
time  every  banking  institution  in  the  State.  He  must 
ascertain  its  condition  and  resources,  its  mode  of  con- 
ducting business,  the  character  of  its  investments,  and 
whether  the  provisions  of  its  charter  and  of  the  law 
have  in  all  respects  been  complied  with. 

The  supervision  of  all  insurance  companies  is  placed  state  insur- 
in  the  hands  of  the  State  insurance  department,  the  ^^l^^  ^^'^^^' 
chief  of  v/hich  is  the  superintendent  of  insurance, 
appointed  by  the  governor  and  senate  for  the  term  of 
three  years. -^  He  is  authorized  as  often  as  he  thinks 
necessary  to  appoint  competent  and  disinterested 
persons  to  examine  into  the  business  of  any  insurance 
company  in  the  State  ;  and  the  officers  of  such  com- 
pany are  obliged  to  produce  its  books  and  all  papers 
in  its  possession  necessary  to  ascertain  the  true  finan- 
cial condition  of  the  company.  Such  an  examination 
may  be  made  upon  the  demand  of  any  stockholder  or 
creditor  of  the  company,  when  such  demand  is  put  in 
the  proper  legal  form. 

bullion,  or  foreign  coins,  or  bills  of  exchange"  (^General  Laws,  ch.  37, 
Art.  T.  §  2).  Banking  institutions  include  not  only  ordinary  banks  of 
deposit,  issue,  and  discount,  but  savings  banks,  trust  companies,  building 
and  loan  associations,  mortgage,  loan,  and  investment  companies,  and 
safe  deposit  companies. 

^  Insurance  companies  include  life,  health,  and  casualty  insurance 
companies,  fire  and  marine  insurance  companies,  title  and  credit  guar- 
antee corporations,  fraternal  beneficiary  societies,  companies  for  the 
insurance  of  domestic  animals,  and  town  and  county  cooperative 
insurance  companies.  See  Gene?'al  LawSy  ch.  28. 
p 


210 


Government  of  Nezv  York 


State  railroad 
commission. 


Government 
and  the 
public 
welfare. 


For  the  supervision  of  the  railroads  of  the  State 
there  is  established  a  board  of  railroad  commissioners 
consisting  of  three  members  appointed  by  the  gov- 
ernor and  senate  for  the  term  of  five  years.^  This 
board  is  obliged  to  keep  informed  as  to  the  condition 
of  all  railroads,  and  the  manner  in  which  they  are 
operated  for  the  security  and  accommodation  of  the 
public,  and  their  compliance  with  the  provisions  of 
their  charter  and  the  law. 

It  is  evident  that  the  State  looks  upon  corporations 
as  a  necessary  part  of  the  industrial  life  of  the  com- 
munity ;  that  their  powers  are  granted  not  merely 
to  benefit  their  own  members,  but  to  promote  the 
interest  of  the  people ;  and  that  they  are  subject  to 
restraint  and  supervision  so  far  as  they  are  likely  to 
encroach  upon  the  public  welfare.  We  may  conclude 
that  the  work  of  the  government  in  its  relation  to  the 
industrial  interests  of  the  community  is  in  harmony 
with  its  work  in  relation  to  the  other  social  interests 
which  we  have  considered  —  the  administration  of 
justice,  the  protection  of  the  life,  property,  health, 
and  morals  of  the  community,  the  support  of  public 
education,  and  the  supervision  of  charities  and  cor- 
rections. The  government  seeks  to  control  the  lib- 
erty and  interests  of  individuals  only  so  far  as  these 
come  into  relation  with  the  liberty  and  interests  of 
the  community.  It  adjusts  the  relations  between  the 
component  parts  of  society  only  to  promote  the  higher 
freedom  and  welfare  of  society  as  a  whole. 


^  General  Laws  of  New  York,  ch.  39,  Art.  VI. 


CHAPTER   XIII 

THE  MANAGEMENT  OF  THE  PUBLIC  FINANCES 

80.    References 

On  public  finance  in  general :  —  Plehn,  Introduction  to  Public 
Finance  ;  Daniels,  Public  Finance  ;  Adams,  Science  of  Finance  ;  Barn- 
stable, Public  Finance  ;  Cooley,  Oti  Taxation  ;  Adams,  Public  Debts  ; 
Johnson,  Cyclopcedia,  "Finance,"  "Taxation";  Lalor,  Cyclopcedia  of 
Political  Science,  "Ta.\2it\on";  Se\igma.n,  Fssays  o/i  Taxation;  Cossa, 
Taxation,  its  Principles  and  Methods,  Eng.  trans. 

On  taxation  in  American  States  and  cities :  —  Ely,  Taxation  in 
American  States  and  Cities  ;  Wells,  Report  on  Taxation  (50th  Congress, 
1st  session,  Ex.  Doc.  No.  400) ;  Bryce,  American  Commonwealth,  I. 
ch.  43,  "State  Finances";  Ford,  America7i  Citizen's  Mantial,  Part  II. 
p.  149,  "  State  Taxation,"  p.  161,  "  Debts";  Seligman,  Financial  Sta- 
tistics of  American  Commonwealths;  Saxton,  Tax  Law  of  New  York ; 
Davies,  Taxation  in  Neio  York  State  ;  Durand,  Finances  of  New  York 
City  ;  Schwab,  "  History  of  New  York  Property  Tax"  (in  Publicatiojis 
of  the  American  Economic  Association,  vol.  V.  p.  363  et  seq.). 

Documents:  —  Constitution  of  Nexv  York,  Art.  VII.,  "State  Debts," 
Art.  VIII.  §  10,  "  Limitation  of  Indebtedness";  General  Laws  of  N'ew 
York,  ch.  10,  "The  Finance  Law,"  ch.  24,  "The  Tax  Law,"  ch.  29, 
"The  Liquor  Tax  Law";  Laws  of  Nexv  York,  i8g8,  ch.  182,  "Act  for 
the  Government  of  Cities  of  the  Second  Class,"  Art.  IV.,  "Department 
of  Finance,"  Art.  VIII.,  "  Department  of  Assessment  and  Taxation"; 
Charter  of  the  City  of  New  York,  ch.  6,  "  Department  of  Finance," 
ch.  17,  "Taxes  and  Assessments";  Reports  of  the  New  York  State 
Comptroller,  State  Treasurer,  Tax  Commissioners. 

81.   The  Financial  Business  of  the  State 

We  have  now  passed  in  review  the  most  important  Cost  of 

kinds  of  work  which  the  government  performs  for  ^iv^^v-ork^' 

211 


212 


Government  of  Neiv  York 


General 

government 

expenses. 


Exercise  of 
the  money 
power. 


the  benefit  of  the  people.  Bat  it  is  evident  that 
this  work  cannot  be  accomphshed  without  expense. 
To  punish  a  crime,  to  prevent  the  spread  of  an  infec- 
tious disease,  to  build  a  schoolhouse,  to  support  a 
public  charity,  to  construct  a  road  or  a  bridge  —  all 
require  the  expenditure  of  money.  The  State  pays 
in  one  year  for  the  administration  of  justice  more 
than  one  milHon  of  dollars  ;  for  the  public  safety  over 
nine  hundred  thousand  dollars  ;  for  the  support  of 
public  education  more  than  five  millions  ;  for  charities 
and  corrections  nearly  eight  millions;  and  for  the 
economic  interests  of  the  State  more  than  five  mil- 
lions. The  most  important  items  of  cost  in  the  work 
of  the  State  are  those  which  relate  to  the  preservation 
of  the  peace  and  safety  of  the  community,  to  the 
care  of  the  unfortunate,  and  to  the  industrial  and 
educational  welfare  of  the  people. 

But  to  do  this  work  it  is  also  necessary  to  maintain 
the  government,  or  the  body  of  officials  through 
whom  the  functions  of  the  State  are  exercised.  The 
government  is  maintained  not  for  its  own  sake,  or 
for  the  benefit  of  those  who  hold  official  position,  but 
for  the  benefit  which  it  confers  upon  society.  So 
far  as  the  government  is  the  legitimate  organ  of  the 
State,  and  expresses  the  will  of  the  people,  it  is,  like 
any  other  agent,  entitled  to  compensation  for  the 
work  which  it  performs.  To  make  wholesome  laws 
and  to  execute  these  laws  entail  an  expense  which 
must  be  met. 

To  the  government  must  therefore  be  given  another 
function,  that  of  raising  money  and  of  expending 
it.  Though  this  function  is  subsidiary  to  the  other 
functions  which  we  have  mentioned,  it  is  yet  one  of 


The  Management  of  the  Public  Finances      213 

the  most  important,  and  perhaps  the  most  difficult  of 
all  to  exercise  in  a  satisfactory  way.  As  the  govern- 
ment is  not  a  business  institution  organized  to  make 
money,  it  has  no  right  to  use  the  money  power  for 
the  purpose  of  enriching  itself,  but  only  for  the  pur- 
pose of  benefiting  the  people.  The  money  power  of 
the  State  is  confined  to  the  raising  of  revenues  for 
the  purpose  of  making  expenditures ;  and  these  ex- 
penditures are  made  for  the  ultimate  purpose  of 
carrying  on  the  administrative  work  of  the  State. 
The  mode  in  which  these  revenues  are  obtained  and 
the  mode  in  which  they  are  expended  are  of  the  most 
vital  interest  to  every  citizen.  If  they  are  raised  with 
no  regard  to  justice  and  expended  with  no  regard  to 
the  pubHc  welfare,  the  exercise  of  the  money  power 
becomes  a  source  of  political  corruption  and  of  gen- 
eral misery.  To  administer  the  finances  properly, 
that  is,  to  use  the  money  power  with  justice  and  with 
prudence,  is  a  mark  of  good  government  and  a  con- 
dition of  general  prosperity. 

To  understand  how  the  State  finances  are  admin-  The  state 
istered,  we  must  first  of  all  know  what  is  meant  by  IJ^  fund's,  ^'^ 
the  State  treasury,  and  the  funds  which  it  contains. 
The  treasury  is  the  depositary  of  the  State's  money. 
In  the  treasury  all  the  moneys  which  are  raised  for 
State  purposes  must  be  placed  ;  and  from  the  treasury 
all  the  moneys  which  are  paid  for  State  purposes 
must  be  drawn.  The  treasury  is  therefore  the  centre 
of  the  State's  financial  business.  To  know  what  are 
the  funds  of  the  treasury,  the  methods  by  which  these 
funds  are  raised,  and  the  methods  by  which  they  are 
expended,  is  to  understand  in  great  part  the  admin- 
istration of  the  finances.     All  the  moneys  in  the  State 


214  Gover7ime?it  of  New  York 

treasury  are  separated  into  different  funds — a  "fund  " 
being  a  portion  of  money  set  apart  and  devoted  to 
a  certain  purpose.  There  is,  in  the  first  place,  the 
"general  fund,"  that  is,  the  portion  of  money  which 
is  raised  and  used  to  pay  the  general  expenses  of  the 
government,  which  are  not  provided  for  by  any  spe- 
cial fund.  Next  is  the  "  canal  fund,"  set  apart  for  the 
special  purpose  of  maintaining  the  canals.  Then 
comes  the  "free  school  fund,"  which  consists  of  the 
money  raised  for  the  support  of  public  schools  —  in 
addition  to  what  is  derived  from  other  sources.  The 
other  money  used  for  educational  purposes  comes 
from  "trust  funds,"  which  are  invested  in  securities, 
and  the  interest  of  which  goes  into  the  treasury  for 
school  purposes.  These  educational  trust  funds  com- 
prise what  is  called  the  "common  school  fund,"  the 
interest  of  which  is  divided  among  the  counties  of 
the  State  for  the  support  of  the  public  schools ;  the 
"  United  States  deposit  fund,"  the  interest  of  which 
is  apportioned  among  the  libraries  of  the  State ;  and 
the  "  literature  fund,"  the  interest  of  which  is  divided 
among  the  academies  and  academic  departments. 
There  are  other  small  funds,  but  those  mentioned  are 
the  most  important.  The  different  funds  of  the 
treasury  are  kept  distinct  from  each  other,  and  ac- 
counts are  kept  showing  the  money  which  is  received 
by  each  and  which  is  paid  from  each.^ 
Financial  The  tv/0  important  financial  officers  of  the  State 

are  the  State  treasurer  and  the  State  comptroller. 
The  treasurer  is  the  custodian  of  all  the  moneys  in 
the  treasury.  He  receives  these  moneys,  and  he 
pays  them  out ;  he  keeps  an  account  of  all  receipts 

1  See  Appendix  E,  §  105,  C,  "  State  Funds  Account." 


officers  of  the 
State. 


The  Management  of  the  Piiblic  Finances      215 

and  payments  and  makes  an  annual  report  to  the 
legislature.  The  comptroller  is  the  chief  financial 
agent  of  the  State,  and  one  of  the  most  responsible 
officers  of  the  whole  government.  No  money  can  be 
paid  from  the  treasury  except  upon  his  warrant  or 
order  ;  he  audits  the  State  accounts ;  he  invests  the 
State  moneys  when  they  are  to  be  invested ;  and  he 
holds  the  bonds  and  mortgages  and  other  securities 
belonging  to  the  State.  He  also  performs  the  most 
important  duty  of  making  an  estimate  of  the  expenses 
of  each  fiscal  year,  and  of  the  revenues  which  are  re- 
quired to  meet  these  expenses. 

82.     Sources  of  Public  Revenue 

The  greatest  practical  problem  which  arises  in  Revenue 
connection  with  the  management  of  the  State  finances 
has  to  do  with  the  raising  of  the  revenue,  that  is,  the 
supplying  of  the  treasury  and  its  different  funds  with 
the  money  necessary  to  pay  the  expenses  incurred 
by  the  government.  This  problem  resolves  itself 
into  two  questions  —  first,  how  much  money  shall  be 
raised .''  and  second,  from  what  sources  shall  this 
money  be  derived }  The  answer  to  the  first  question 
is  based  upon  what  is  sometimes  called  the  "budget," 
which  in  this  State  takes  the  form  of  the  comptroller's 
Hst  of  ''estimated  appropriations  required  for  the 
expenses  of  the  government."  These  estimates  are 
usually  determined  by  the  expenses  of  the  previous 
year,  with  the  changes  which  in  the  judgment  of  the 
comptroller  seem  desirable.  The  second  question,  as 
to  how  this  required  amount  of  money  is  to  be  raised, 
and  from  what  sources  it  is  to  be  derived,  is  a  more 


and  taxation. 


2l6 


Government  of  New  York 


Revenues 
derived  from 
State  in- 
comes. 


General  or 
direct  taxes. 


serious  problem.  Some  of  this  money  may  be  ob- 
tained from  funds  already  in  the  hands  of  the  State ; 
but  the  larger  part  of  it  must  be  obtained  from  the 
people  in  the  form  of  taxes.  If  every  person  could 
measure  precisely  the  amount  of  benefit  he  derives 
from  the  government,  a  tax  might  be  looked  upon 
simply  as  a  payment  for  benefits  received.  But  as 
no  one  can  measure  the  real  benefits  he  receives  by 
being  a  member  of  the  State,  a  tax  must  be  regarded 
as  something  besides  a  mere  compensation  for  ser- 
vices rendered.  It  must  rather  be  looked  upon  as  a 
contribution  made  by  the  people  for  carrying  on  the 
work  of  government  and  for  insuring  their  rights 
and  privileges  as  citizens.  The  tax  is  based  not  so 
much  upon  the  specific  benefit  received  by  each  per- 
son as  upon  the  general  ability  of  every  one  to  con- 
tribute to  the  work  of  the  State  and  to  provide  for 
its  general  welfare. 

In  reviewing  the  various  sources  from  which  the 
State  of  New  York  actually  derives  its  revenues,  we 
will  see  that  some  of  these  revenues  are  obtained  from 
sources  other  than  taxation  —  from  what  we  may  call 
"State  incomes."  For  example,  the  State  has  in  its 
possession  certain  invested  funds  from  which  it  draws 
interest.  These  are  permanent  sources  of  revenue. 
It  may  also  occasionally  raise  money  by  means  of 
loans,  without  at  the  time  imposing  taxes  upon  the 
peojDle.  Moreover,  it  may  receive  money  from  the 
sale  of  its  public  lands,  or  even  from  gifts,  like  those 
which  have  been  granted  to  it  by  the  United  States 
Government. 

But  the  largest  part  of  State  revenues  must  be 
derived  from  taxes  assessed  upon  the  people.      Some 


The  Management  of  the  Public  Finances      217 

of  these  are  general  taxes,  that  is,  imposed  directly 
upon  all  the  people.  All  the  members  of  the  State  are 
called  upon,  according  to  their  abihty,  to  do  something 
to  maintain  the  government  and  to  assist  in  carrying 
on  its  work.  The  general  abihty  of  the  people  to 
contribute  to  the  expenses  of  the  State  is  estimated 
by  the  amount  of  property  which  they  possess.  This 
may  be  in  the  form  of  real  property,  that  is,  land  and 
the  permanent  attachments  to  land,  like  buildings ; 
or  it  may  be  in  the  form  of  personal  property, 
such  as  money,  carriages,  stocks,  and  mortgages,  and 
whatever  else  can  be  carried  with  the  person.  It  is 
comparatively  easy  to  ascertain  the  value  of  one's 
real  property,  but  much  more  difficult  to  discover 
that  of  his  personal  property,  because  the  latter  can 
more  easily  be  concealed.  Hence,  as  a  matter  of 
fact,  the  greater  part  of  the  general  tax  is  laid  upon 
real  property. 

Of   the   revenues    raised    by  taxation    the   largest  Special  or 
share  is  obtained  from  special,  or  what  are  sometimes  J"'^^''^^* 

^  '  taxes. 

called  indirect,  taxes,  —  that  is,  taxes  laid,  not  upon  the 
whole  community,  but  upon  special  persons  or  classes 
of  persons  who  for  certain  reasons  are  called  upon  to 
make  special  contributions  to  the  government.  These 
taxes  include  the  fees  paid  to  pubhc  officers  and  pub- 
lic institutions  for  services  rendered  ;  excise  taxes, 
such  as  licenses  given  to  certain  kinds  of  business, 
and  especially  the  tax  laid  upon  the  sale  of  liquors  ; 
also  the  inheritance  tax,  laid  upon  estates  of  deceased 
persons,  when  the  persons  benefited  are  not  closely 
related  to  or  immediately  dependent  upon  the  de- 
ceased. But  a  considerable  amount  of  these  special 
taxes  is  laid  upon  stock  corporations.     There  is,  for 


2 1 8  Government  of  New  York 

example,  a  tax  laid  for  the  right  of  organizing  such  a 
corporation  ;  a  tax  laid  upon  the  annual  income  of 
some  corporations,  which  include  insurance  companies, 
railroads,  and  other  transportation  companies,  tele- 
graph and  telephone  companies,  and  many  other 
business  corporations ;  also  assessments  laid  upon 
corporations  to  pay  the  expenses  of  those  State  com- 
missioners under  whose  supervision  these  corporations 
carry  on  their  business.  There  are,  moreover,  some 
other  special  sources  of  revenue,  such  as  fines,  etc., 
which  need  not  be  specified.  More  than  half  of  the 
revenue  of  the  State  is  derived  from  these  special  taxes. 
The  government  has  of  late  years  received  annually 
from  fees  nearly  a  million  of  dollars  ;  from  the  inheri- 
tance tax  more  than  four  millions ;  from  the  excise 
tax  also  more  than  four  millions ;  and  from  corpora- 
tions more  than  five  millions.^ 

83.  General  Taxes.   Assessment  and  Equalization 

Taxable  The   people   are   usually  more   interested   in   the 

property.  general  taxes  than  in  any  other,  because  these  fall 
upon  practically  all  the  owners  of  property  through- 
out the  State.  The  general  tax  law  declares  that 
"  all  real  property  within  this  State,  and  all  personal 
property  situated  or  owned  within  this  State,  is  taxa- 
ble unless  exempt  from  taxation  by  law."^  All  prop- 
erty, therefore,  of  whatever  description,  is  subject  to 
taxation,  unless  it  is  specially  exempted  by  law.  It 
is  possible  in  a  brief  statement  to  indicate  only  in 
a   general  way  the   kind   of    property   exempt  from 

^  For  the  various  sources  of  revenue,  see  Appendix  E,  §  105. 
2  General  Laws  of  A^eiv  York,  ch.  24,  §  3. 


The  Management  of  the  Public  Finances      219 

taxation.  Public  property,  whether  of  the  United 
States,  of  the  State,  or  of  a  municipal  corporation,  is 
for  the  most  part  exempt.  The  real  and  personal 
property  of  a  corporation  or  association  organized  ex- 
clusively for  religious,  charitable,  educational,  or  sci- 
entific purposes  is  also  exempt ;  but  the  real  property 
of  such  corporations  must  be  actually  occupied  and 
used  for  the  purposes  specified.  The  following  prop- 
erty is  also  exempt :  the  parsonages  of  religious 
denominations  up  to  $2000,  and  the  property  of 
clergymen  up  to  ^1500;  also  the  exhibition  grounds 
of  an  agricultural  society ;  bank  deposits  due  to  de- 
positors, and  the  money  held  by  insurance  companies 
for  the  benefit  of  the  insured.^  The  general  tax  is 
based  upon  the  valuation  of  all  the  taxable  property 
of  the  State ;  and  every  dollar  of  such  property 
should  bear  its  proportionate  share  of  this  tax. 

The  business  of  fixing  the  value  of  taxable  prop-  The  tax  dis- 
erty  and  of  determining  what  is  exempt  from  taxa-  ^"^*  ^"^  ^^® 

-'  .  1       1  T        /-  1  assessors. 

tion  is  put  mto  the  hands  of  the  board  of  assessors  in 
each  "tax  district."  The  tax  district  is  defined  to  be 
*'  the  political  subdivision  of  the  State  having  a  board 
of  assessors  authorized  by  law  to  assess  the  property 
therein  for  State  and  county  taxes."  ^  The  duty  of 
the  assessors  in  each  district  is  to  ascertain  by  dili- 
gent inquiry  all  the  property  and  the  names  of  all 
persons  taxable  in  the  district. 

The  chief  work  of  the  assessor  is  to  prepare  the  Theassess- 
"  assessment   roll."      This   is   a    list   containing   the  "^^'^^^o^^- 
names  of  all  taxable  persons  in  the  district,  the  amount 
of   real  property  taxable  to  each,  the   full  value  of 

^  For  property  exempt  from  taxation,  see  General  Laws,  ch.  24,  §  4. 
2  General  Laws  of  Neiu  York,  ch.  24,  §  2. 


220 


Government  of  Nezv  York 


County- 
board  of 
equalization. 


State  board 
of  equaliza- 
tion. 


such  property,  and  also  the  full  value  of  all  the  taxa- 
ble personal  property  owned  by  each  person.  As 
the  personal  property  may  be  in  the  form  of  bank- 
stocks,  every  bank  must  furnish  to  the  assessors  the 
names  of  all  the  stockholders,  with  the  number  of 
shares  held  by  each.  The  assessment  roll  must  also 
contain  the  names  of  all  corporations  in  the  district 
liable  to  taxation,  and  the  amount  of  taxable  property 
belonging  to  each.  The  assessment  roll  when  com- 
pleted is  published,  and  an  opportunity  is  given  to 
hear  complaints  for  the  purpose  of  correcting  and 
verifying  it.^ 

As  there  may  be  a  disposition  on  the  part  of  some 
assessors  to  undervalue  the  property  of  their  own 
districts  and  thus  to  avoid  their  share  of  the  general 
tax,  the  assessment  roll  is  sent  to  the  county  board 
of  supervisors  for  review  and  "  equalization."  The 
board  of  supervisors  thus  acts  as  a  county  board  of 
equalization,  to  see  that  the  property  of  the  several 
districts  is  fairly  assessed,  and  that  no  district  is  given 
an  unfair  advantage  over  another.  The  board  has 
the  power  to  make  such  changes  as  seem  necessary 
to  produce  a  just  relation  between  the  valuations  of 
real  estate  in  the  county.^ 

The  State  government  exercises  a  supervision  over 
the  assessments  and  equalization  in  two  ways.  In 
the  first  place,  the  State  board  of  tax  commissioners 
(consisting  of  three  members  appointed  by  the  gov- 
ernor and  senate  for  three  years)  examines  and  directs 
the  methods  employed  by  assessors  in  the  various  dis- 
tricts.    In  the  next  place  the  tax  commissioners,  with 

1  For  mode  of  assessment,  see  General  Laws^  ch.  24,  Art.  II. 

2  For  mode  of  equalization,  see  General  Laivs,  ch.  24,  Art.  III. 


TJie  Management  of  the  Public  Finances      221 

the  commissioners  of  the  land  office,  constitute  a  State 
board  of  equaUzation,  to  examine  and  revise  the  valu- 
ation of  real  and  personal  property  in  the  several 
counties,  in  order  to  insure  a  just  relation  between 
the  valuations  in  the  entire  State.  From  the  assess- 
ments thus  made  by  the  district  assessors  and  thus 
reviewed  by  the  county  boards  and  the  State  board, 
the  comptroller  makes  an  estimate  of  the  proportion 
of  the  general  tax  which  each  county  shall  pay  to  the 
State. 

84.    The  Levying  and  Collecting  of  Taxes 

The  taxes  necessary  to  pay  the  State  expenses  are  The  state 
levied  by  the  State  legislature.  The  expenses  of  the  ^^^' 
State,  as  we  have  seen,  are  paid  from  three  sources, 
the  State  incomes,  the  general  tax,  and  the  special 
taxes.  After  deducting  what  may  be  expected  from 
the  State  incomes  and  from  the  special  taxes  —  such 
as  fees,  licenses,  the  corporation  tax,  etc.  —  there  is 
left  the  amount  to  be  raised  by  general  taxation. 
This  amount  is  levied  upon  the  various  counties  in 
proportion  to  the  value  of  the  taxable  property  in  each 
county.  The  tax  thus  levied  upon  the  counties  for 
State  purposes  is  called  the  general  State  tax. 

But  in  addition  to  the  State  tax  which  the  counties  The  county 
must  raise  for  the  payment  of  the  State  expenses,  ^'^^' 
each  county  has  also  expenses  of  its  own  which  must 
be  paid.  In  directing  our  special  attention  thus  far 
to  the  finances  of  the  State,  we  have  not  considered 
the  finances  of  the  county.  But  it  must  be  remem- 
bered that  the  county  has  its  own  work  to  perform 
and  its  own  government  to  support.  It  must  con- 
struct its  jails  and  courthouses,  care  for  its  indigent 


222 


Goveniment  of  New  York 


The  town 
tax. 


The  village 
and  city  tax. 


Collection  of 
taxes. 


poor,  maintain  the  county  roads,  and  pay  for  the 
services  performed  by  its  judges  and  other  officers. 
The  tax  necessary  to  pay  the  expenses  of  the  county 
is  levied  upon  the  towns  and  cities  of  the  county  by 
the  board  of  supervisors.  This  tax  is  added  to  the 
State  tax  levied  upon  the  county,  and  both  together 
constitute  the  county  tax,  which  must  be  raised  by 
the  towns  and  cities  and  paid  to  the  county  treasurer. 

In  a  similar  manner  the  town  has  expenses  of  its 
own  which  must  be  paid ;  and  the  levy  of  the  tax 
necessary  to  meet  these  expenses  is  made  by  the  town- 
meeting.  This  tax  is  added  to  the  county  tax  levied 
upon  the  town,  which  together  constitute  the  town 
tax.  In  this  way  the  tax  levied  upon  the  town  com- 
prises what  is  required  to  pay  ( i )  its  own  expenses, 
(2)  its  share  of  the  county  expenses,  and  (3)  its  share 
of  the  State  expenses. 

There  is  also  a  village  tax.  In  addition  to  the 
duty  to  pay  its  share  of  the  town  tax,  the  village  is 
authorized  to  raise  a  separate  tax  to  meet  the  special 
expenses  of  the  village,  which  tax  is  levied  by  the 
village  board  of  trustees.  So  also  the  city,  in  addition 
to  its  duty  to  contribute  to  the  county  tax,  is  author- 
ized to  raise  a  separate  tax  for  its  own  special  needs. 
The  tax  levy,  in  the  case  of  cities  of  the  second  class, 
is  imposed  by  the  common  council,  and  based  upon 
the  estimate  made  by  the  board  of  estimates  and 
appropriations.  In  the  case  of  the  city  of  New  York, 
the  tax  is  levied  by  the  board  of  aldermen,  and  based 
upon  estimates  furnished  by  the  city  comptroller  and 
the  board  of  estimates  and  apportionment. 

Every  tax-roll  when  duly  verified  is  placed  in  the 
hands  of  a  collector  who  is  authorized  by  warrant 


The  Ma^iagement  of  the  Public  Fmances      223 

—  that  is,  by  an  official  order  from  the  county  board  — 
to  collect  from  the  several  persons  mentioned  in  the 
roll  the  amount  of  money  placed  opposite  their 
names.  When  the  collector  has  received  the  tax-roll, 
he  publishes  a  notice  to  that  effect,  and  gives  an 
opportunity  to  all  persons  to  call  upon  him  and  pay 
their  taxes.  At  the  end  of  a  month,  the  collector 
must  call  upon  any  person  who  has  not  paid  his  tax  and 
demand  its  payment.  If  the  person  should  refuse  to 
pay  the  tax  imposed  upon  him,  the  collector  must  levy 
upon  the  personal  property  of  such  person  and  cause 
the  property  to  be  sold  at  public  auction  for  the  pay- 
ment of  the  tax  and  the  expenses  of  its  collection. 
The  law  also  provides  a  method  whereby  lands  may 
be  sold  if  necessary  for  the  payment  of  the  taxes 
imposed  upon  them.^ 

When  the  taxes  have  been  collected  they  must  be  Distribution 
distributed  according  to  the  purposes  for  which  they  °^  *^^^^* 
are  raised.  The  collector  of  the  tax  district  is  directed 
by  law  to  pay  the  moneys  which  he  shall  have  raised 
as  follows:  (i)  to  the  commissioners  of  highways  of 
the  town  such  sum  as  shall  have  been  raised  for  the 
support  of  highways  and  bridges  therein ;  (2)  to  the 
overseers  of  the  poor  of  the  town  such  sum  as  shall 
have  been  levied  to  be  expended  by  such  overseers 
for  the  support  of  the  poor  therein ;  (3)  to  the  super- 
visor of  the  town,  all  the  moneys  levied  therein,  to 
defray  any  other  town  expenses  or  charges  ;  (4)  to 
the  treasurer  of  the  county,  the  residue  of  the  money 

^  General  Laws  of  Netv  York,  ch.  24,  "The  Tax  Law,"  Art.  VI., 
"  Sale  by  comptrollers  for  unpaid  taxes  and  redemption  of  lands," 
Art.  VII.,  "  Sale  by  county  treasurer  for  unpaid  taxes  and  redemption 
of  lands." 


224 


Government  of  Neiv  Voi'k 


Restraint 
upon  taxa- 
tion. 


which  has  been  collected.^  The  county  treasurer,  after 
retaining  the  money  raised  to  meet  the  expenses  of  the 
county,  pays  the  remainder  to  the  State  treasurer,  to 
be  used  to  meet  the  expenses  of  the  State.  In  the 
way  thus  briefly  outlined,  the  money  which  is  col- 
lected from  the  people  finds  its  way  into  the 
hands  of  the  several  officers  who  are  authorized  to 
expend  it. 

To  put  a  restraint  upon  excessive  taxation  in 
counties  and  cities  the  constitution  makes  a  special 
provision.  A  county  containing  a  city  of  over 
100,000,  and  any  such  city  in  the  State,  may  not  im- 
pose in  any  year  a  tax  which  exceeds  two  per  cent,  of 
the  valuation  of  the  real  and  personal  property  of  the 
county  or  city.  This  does  not,  however,  include  a 
tax  necessary  to  provide  for  the  payment  or  reduction 
of  any  existing  debt.^ 


Constitu- 
tional 
restrictions. 


85.     Control   of   Public  Expenditures 

The  proper  management  of  the  finances  requires 
not  only  the  adoption  of  methods  by  which  money 
can  be  raised,  but  also  the  adoption  of  methods  by 
which  its  expenditure  can  be  controlled.  The  peo- 
ple have  provided  in  the  constitution  that  public 
moneys  shall  not  be  used  except  for  public  purposes. 
The  State  is  forbidden  to  give  or  lease  its  money  for 
the  aid  of  any  individual,  association,  or  corporation. 
The  constitution  also  provides  that  *'no  county,  city, 
town,  or  village  shall  give  any  money  or  property,  or 
loan  its  money  or  credit  to  or  in  aid  of  any  individual, 

1  General  Laws  of  Ne%u  York,  ch.  24,  §  56. 

2  Constitution  of  New  York,  Art.  VIII.  §  10. 


The  Management  of  the  Public  Finances      225 

association,  or  corporation."  ^  These  restrictions  thus 
cut  off  one  means  of  squandering  the  pubhc  revenues, 
and  prevent  the  use  of  the  pubUc  money  for  private 
gain. 

Again,  no  pubHc  money  may  be  expended  except  in  Legislative 
accordance  with  appropriations  made  by  the  people  J^ong°^"^' 
or  their  representatives.  Such  appropriations  are 
legislative  enactments  which  authorize  the  payment 
of  money  from  the  public  treasury,  and  without  such 
an  authorization  no  money  may  leave  the  treasury. 
Whether  the  expenditures  are  to  be  made  by  the 
State,  or  by  any  municipal  corporation,  they  may  by 
this  means  be  kept  under  the  control  of  the  people. 

But  even  after  the  appropriations  have  been  made,  Thecomp- 
the  money  may  not  be  paid  from  the  State  treasury  ^variant. 
except  on  a  warrant,  or  order,  from  the  State  comp- 
troller; and  such  warrants  must  indicate  the  legal 
authority  upon  which  the  money  is  paid.  And  the 
various  municipal  corporations  have  either  comptrol- 
lers, or  similar  officers,  who  are  compelled  in  a  similar 
way  to  keep  the  expenditures  within  the  limits  of  the 
law. 

Finally,  the  State  compels  every  officer  having  in  Accounts 
charge  the  public  money  to  keep  accurate  accounts  '"^^  ^^p°^  ^* 
of  the  receipts  and  expenditures  of  the  year,  and 
to  hold  the  proper  receipts  and  other  vouchers  by 
which  the  accuracy  of  such  accounts  may  be  deter- 
mined. These  accounts  are  audited  by  the  comp- 
troller, or  other  officer,  who  must  certify  as  to  their 
correctness.  Every  financial  officer  must  also  make 
a  pubhc  report  of  the  business  of  his  office,  so  that 

1  Constitution  of  Nezv  York,  Art.  VIII.  §  10. 
Q 


226 


Government  of  Nezv  York 


Limits  of 
State  indebt- 
edness. 


Limits  of 
municipal 
indebted- 
ness. 


the  people  may  know  precisely  the  way  in  which  their 
money  is  expended. 

Z6.     Public  Debts 

States,  like  individuals,  when  they  are  hard  pressed 
for  money,  are  tempted  to  run  into  debt.  If  it  were 
as  easy  to  get  out  of  debt  as  it  is  to  get  into  it,  there 
would  be  no  need  of  placing  a  limit  upon  indebted- 
ness. But  a  standing  public  debt,  like  a  standing 
private  debt,  is  not  an  indication  of  the  highest  finan- 
cial prosperity,  and  may  be  the  source  of  great  embar- 
rassments. There  may,  it  is  true,  be  great  emergencies, 
such  as  those  which  arise  in  times  of  war  or  com- 
mercial distress,  when  it  is  necessary  to  borrow 
money ;  but  the  incurring  of  debt  in  the  ordinary 
affairs  of  business,  with  no  knowledge  as  to  how  the 
debt  is  to  be  paid,  is  an  evidence  of  financial  mis- 
management. The  State  constitution,  therefore,  places 
a  limit  upon  the  ordinary  indebtedness  of  the  govern- 
ment. To  pay  the  current  expenses  of  the  govern- 
ment it  is  not  permitted  to  incur  an  indebtedness  to 
exceed  $1,000,000.  To  repel  an  invasion,  to  suppress 
an  insurrection,  or  to  defend  the  State  in  time  of  war, 
it  is  permitted  to  contract  extraordinary  debts ;  but 
the  money  so  raised  may  not  be  used  for  any  other 
purpose.  In  any  other  case,  the  constitution  pro- 
hibits the  contracting  of  a  debt,  unless  it  is  author- 
ized by  a  special  law,  stating  its  special  purpose  and 
approved  by  the  people  at  a  general  election.^ 

More  specific  limitations  are  placed  upon  municipal 
corporations.     No  county  containing  a  city  of  more 

1  Constitution  ofNerv  York,  Art.  VIL  §§  2,  3. 


The  Management  of  the  Public  Finances      227 

than  100,000  inhabitants,  nor  any  such  city  may,  in 
addition  to  its  present  indebtedness,  contract  any  debt 
to  exceed  five  per  cent,  of  the  vakiation  of  its  real 
property.^  The  total  indebtedness  of  such  county  or 
city  may  not  exceed  ten  per  cent,  of  such  valuation. 
An  exception  to  this  is  made  if  it  is  necessary  to  bor- 
row money  to  provide  for  a  water  supply ;  but  in  this 
case  provision  must  be  made  for  paying  such  loan 
within  twenty  years.^ 

For  the  extinguishment  of  an  existing  debt  it  is  sinking 
customary,  and  in  some  cases  obligatory,  to  provide  ^^"^^' 
a  sinking  fund  —  that  is,  a  fund  set  apart  for  the  ex- 
press purpose  of  paying  the  interest  and  reducing  the 
principal  of  a  debt.  The  State  constitution  provides 
that  the  sinking  funds  of  the  State  shall  be  kept 
separate,  and  shall  not  be  used  for  any  other  purpose 
than  the  one  specified.^  By  this  means  the  State  seeks 
to  prevent  the  possibility  of  a  standing  debt. 

The  most  important  debt  of  the  State  of  New  York  The  present 
is  at  present  the  canal  debt,  which  has  been  incurred  ^^^^^  '^^'^^' 
for  the  construction  and  maintenance  of  the  Erie 
Canal  and  its  tributaries.  This  debt  amounts  to 
about  eight  and  a  half  millions  of  dollars.  The  other 
debts  of  the  State  are  the  Adirondack  Park  debt  of 
$275,000,  incurred  for  the  purchase  of  lands  in  that 
region ;  and  the  National  Guard  debt  of  $900,000, 
incurred  for  the  public  defence.  The  total  debts  of 
the  State  amount  to  something  more  than  ten  millions 
of  dollars.  But  suitable  means  have  been  provided 
for  the  gradual  reduction  of  this  indebtedness.     It  is 

1  General  Laws  of  A^ew  York,  ch.  17,  §  2. 

2  Consiitudon  of  New  York,  Art.  VIII.  §  10. 
»  Ibid.,  Art.  VII.  §  s. 


228  Government  of  New  York 

to  the  great  credit  of  the  State  of  New  York  that  it 
has  performed  its  vast  administrative  work  for  so 
many  years,  and  its  present  indebtedness  is  less  than 
one  half  of  its  annual  revenue. 

Conclusion.  From  this  general  review  of  the  growth,  the  struc- 
ture, and  the  work  of  our  State  government,  we  may 
see  how  our  political  institutions  have  been  gradually 
developed  to  meet  the  needs  of  a  growing  common- 
wealth. We  may  see  how  it  has  become  organized 
with  its  various  branches  and  its  multitude  of  officers, 
in  order  to  carry  out  the  will  of  the  people.  We  may 
also  see,  from  the  various  kinds  of  administrative 
work  which  it  performs,  how  it  preserves  and  pro- 
motes our  common  freedom  and  our  common  wel- 
fare. It  is  evident  that  this  common  freedom  and 
common  welfare  cannot  be  attained  by  the  isolated 
and  desultory  acts  of  individuals.  They  can  be  fully 
attained  only  by  the  organized  efforts  of  the  whole 
community,  that  is,  by  the  proper  exercise  of  govern- 
mental authority.  We  must  be  convinced  that  gov- 
ernment, when  properly  organized  and  administered, 
is  not  a  **  necessary  evil,"  as  some  would  have  us 
believe,  but  is  one  of  the  most  important  and  essential 
conditions  of  a  prosperous  society ;  that  it  should  be 
maintained  as  a  sacred  institution,  kept  free  from  cor- 
ruption, and  upheld  by  all  good  and  patriotic  men 
who  prize  the  privileges  and  respect  the  duties  of 
citizenship. 


APPENDIX   A 

CHRONOLOGICAL   TABLES 

Sy.    Important  Historical  Events 
(i)   The  Dutch  Period 

1609.  Discovery  of  the  Hudson  River  by  Henry  Hudson. 

1613.  Occupation  of  Manhattan  Island  as  a  trading-post. 

1 61 4.  Charter  granted  to  New  Amsterdam  Company. 
1621.  Charter  granted  to  Dutch  West  India  Company. 

1623.  First  settlements  at  Fort  Orange  (Albany)  and  on  Long 

Island. 

1624.  Cornelius  Jacobzen  Mey  appointed  director. 

1625.  William  Verhulst  succeeds  Mey. 

1626.  Peter  Minuit  appointed  director  general  —  usually  reck- 

oned first  in  the  list  of  governors.     Colonial  govern- 
ment organized.     Purchase  of  Manhattan  Island. 

1629.  Charter   of  "Freedoms    and    Exemptions,"    in    favor   of 

patroons. 

1630.  Patroonships  established — Rensselaerwick,  Swaanendael, 

Pavonia. 
1633.     Walter  (Wouter)  Van  Tvviller  appointed  director. 
1635.     Surrender  of   Swaanendael    to    the    Company.     Englisli 

from  Massachusetts  settle  on  Connecticut  River. 

1637.  Pavonia  purchased  by  the  Company. 

1638.  William  Kieft  appointed  director.     Swedes  plant  a  colony 

on  the  Delaware. 

1640.  New  Charter  of  Freedoms,  encouraging  towns. 

1641.  First  popular  assembly  called.     The  "  Tw^elve  Men." 

1642.  Mespath    (Newtown)    settled    from    Massachusetts    and 

incorporated. 

1643.  Second  popular  assembly.     The  "Eight  Men." 

229 


230  Appendix  A 

1644.  Complaint  of  the  "  Eight  Men  "  to  the  Company.    Heem- 

stede  (Hempstead)  settled  from  Connecticut  and 
incorporated. 

1645.  Vlissingen  (Flushing)  and  Gravensande  settled  and  incor- 

porated. 

1646.  Breucklen    (Brooklyn)    partly    incorporated,    with    two 

schepens  and  a  schout  subject  to  the  schout-fiscaal  at 
Manhattan. 

1647.  Peter  Stuyvesant  appointed  director.     Council  of  "Nine 

Men  "  selected  from  eighteen  nominated  by  the  people. 

1653.  Assembly  meets,  remonstrates,  and  is  dissolved.     New 

Amsterdam  incorporated  with  a  schout,  two  burgomas- 
ters and  five  schepens.  Beverwick  (Albany)  partly 
incorporated. 

1 654.  Breucklen  fully  incorporated  —  also  Amersfort  (Flatlands) 

and  Midwout  (Flatbush). 

1655.  New  Sweden  conquered  by  the  Dutch. 

1656.  Governor's   proclamation    to    form   villages.      Rustdorp 

(Jamaica)  incorporated. 

1661.  New  Haerlem  incorporated.  New  Utrecht  and  Boswick 
(Bushwick)  incorporated,  which  with  Breucklen,  Amers- 
fort, and  Midwout,  became  known  as  the  "  Five  Dutch 
Towns  "  under  a  single  schout. 

1664.  General  provincial  assembly.  Surrender  of  New  Nether- 
land  to  the  Dutch. 

(2)   The  English  Period 

1664.  English   take   possession  of  New   York  under  Richard 

Nicolls,  lieutenant  of  James,  Duke  of  York.  Eastern 
Long  Island  joined  to  New  York. 

1665.  Meeting   at   Hempstead,  "Duke's   Laws"  promulgated. 

Conveyance  of  New  Jersey  to  Berkeley  and  Carteret. 
1668.     Francis  Lovelace  appointed  governor. 

1673.  Dutch  regain  the  province. 

1674.  New  York  restored  to  the  English.      Edmund  Andros 

appointed  governor. 

1675.  Popular  assemblies  disapproved  by  the  Duke. 

1683.  Thomas  Dongan  appointed  governor.  First  New  York 
Assembly.     "  Charter  of  Liberties."     Erection  of  coun- 


Chronological  Tables  231 

ties.  New  York  incorporated  as  a  city,  and  divided 
into  six  wards. 

1685.  James,  Duke  of  York,  becomes   king   of  England,  and 

New  York  becomes  a  royal  province. 

1686.  "Charter  of  Liberties"  repealed   by  James.     Assembly 

abolished.  English  Church  established.  Albany  in- 
corporated as  a  city. 

1688.  New  York  consolidated  with  New  England,  under  Andros 

as  Viceroy  with  Francis  Nicholson  as  lieutenant  gov- 
ernor of  New  York.  James  abdicates,  and  William  III 
becomes  king  of  England. 

1689.  Leisler's  rebellion.     French  invasion. 
1689-1697.     King  William's  War  against  the  French. 

1690.  First  congress  of  the  colonies  called  by  Leisler  at  New 

York  City. 

169 1.  Arrival  of  William  Sloughter  as  governor.     Meeting  of 

assembly  which  reasserts  the  "Charter  of  Liberties." 
Trial  and  execution  of  Leisler. 

1697.     King  William  rejects  the  "Charter  of  Liberties." 

1702.     Anne  becomes  queen  of  England. 

1702-1713.     Queen  Anne^s  War,  against  the  French. 

1735.  Trial  and  acquittal  of  Zenger  on  charge  of  libelling  the 
governor. 

1749.  Forts  erected  on  the  French  frontier  at  Albany,  Schenec- 
tady, and  Oswego. 

1 754-1 763.     French  and  Indian  War. 

1754.  Congress  of  the  colonies  at  Albany.  Franklin's  plan  of 
union. 

1764.  The  Stamp  Act.     New  York  appoints  a  "committee  of 

correspondence." 

1765.  Stamp  Act  Congress  at  New  York.     "Non  importation 

agreement." 

1766.  Repeal  of  the  Stamp  Act. 

1767.  New  York  forbidden  to  exercise  legislative  power. 
1 77 1.     William  Tryon  appointed  royal  governor. 

1774.  "  Meeting  of  the  Fields"  ;  Hamilton's  first  speech. 

1775.  "Provincial  Congress"  takes  the  place  of  the  "Colonial 

Assembly." 

1776.  New  York  approves  the  Declaration  of  Independence. 


232  Appendix  A 

(3)   The  Constitutional  Period 

1776.  First  constitutional  convention  called.       New  York  the 

seat  of  the  war. 

1777.  First  State  constitution  adopted.      George  Clinton  first 

governor. 

1778.  First  general  act  giving  power  to  county  supervisors. 

1779.  Sullivan's  Campaign. 

1780.  Arnold's  treason  at  West  Point. 

1783.     Treaty  with  England.     November  25,  "Evacuation  Day." 
1786.     Cession  of  western  New  York  to  Massachusetts. 

1788.  New  York  adopts  the  Federal  Constitution.     Phelps  and 

Gorham  purchase. 

1789.  First  Congress  of  the  United  States  under  the  Constitu- 

tion assembles   in  New  York  City.     Inauguration  of 

Washington. 
1 79 1.     First  State  bank  chartered. 
1801.     Constitutional  convention.      "Council  of  appointment" 

abolished. 
1804.     Alexander  Hamilton  killed  by  Aaron  Burr. 
1812-1814.     Second  war  with  England. 
18 1 7.     DeWitt  Clinton  elected  governor. 
1 82 1.     Adoption  of  the  second  State  constitution. 
1823.     Rise  of  the  "  Albany  Regency." 

1825.  Completion  of  the  Erie  Canal. 

1826.  Abduction  of  Morgan,     The  "  Anti-Masonic  movement." 

1827.  Abolition  of  slavery  in  the  State. 

1832.  William  L.  Marcy  elected  governor.  "U.  S.  Deposit 
Fund  "  established. 

1838.     Passage  of  the  free  banking  law. 

1839-1846.     Anti-rent  troubles.    "Hunkers"  and  "Barnburners." 

1846.     Adoption  of  the  third  constitution  of  the  State. 

1848.  Adoption  of  the  Code  of  Civil  Procedure.  First  free- 
soil  convention  at  Buffalo. 

1853.     Crystal  palace  exhibition  in  New  York  City. 

i860.     Re-election  of  Edwin  D.  Morgan,  "war  governor." 

1861.  New  York  supports  the  Union.  Seventh  Regiment  sent 
to  Washington. 

1863.     Draft  riots.     Formation  of  the  Union  League  Club. 


Chi'onological  Tables 


233 


1865, 

1867 
1869 

1871 

1873 
1883 
1890 
1894 

1895 
1896 
1897 
1899 
1901 
1902 


Return  of  the  New  York  regiments.  New  York  furnished 
for  the  Civil  War  473,443  men. 

Rejection  of  the  revised  constitution. 

New  York  adopts  the  Fifteenth  Amendment.  September 
24,  "  Black  Friday.'' 

Overthrow  of  the  Tweed  ring. 

Local  option  law  passed. 

"Free  Canals."     First  civil  service  law  passed. 

Ballot  reform  law. 

Adoption  of  the  revised  constitution.  Lexow  investiga- 
tion. 

Purchase  of  the  Adirondack  Park. 

Raines  liquor  law  passed.     Abolition  of  excise  boards. 

Consolidation  of  Greater  New  York. 

Taxation  of  public  franchises. 

Revision  of  the  charter  of  New  York  City. 

AboHtion  of  boards  of  managers  in  State  hospitals. 


^Z.    Governors  of  New  York,  with  Dates  of 

THEIR  Accession 

[See  Legislative  Manual,  rgo2,  pp.  368-370.] 

I.    Colonial  Governors 


[These  officers  served  under  various  titles,  as  Directors,  Governors, 
tenant  Governors,  Commanders-in-Chief,  etc.] 

Adrian  Joris     ....     1623 


Cornelius  Jacobzen  Mey 
William  Verhulst  . 
Peter  Minuit 
Wouter  Van  Twiller 
William  Kieft  .     . 
Peter  Stuyvesant  . 
Richard  Nicolls     . 
Francis  Lovelace  . 
Cornells  Evertse,  Jr. 
Anthony  Colve 


1624 
1625 
1626 

1633 
1638 

1647 

1664 

1668 

1673 

1673 


Edmund  Andros   .     . 
Anthony  Brockholies 
Sir  Edmond  Andros  . 
Anthony  Brockholies 
Thomas  Dongan  .     . 
Sir  Edmond  Andros  . 
Francis  Nicholson 
Jacob  Leisler   . 
Henry  Sloughter  . 
Richard  Ingoldesbv   . 
Benjamin  Fletcher 


Lieu- 

1674 
1677 
1678 
1681 
1683 
1688 
1688 
1689 
1691 
169T 
1692 


234 

Appendix  A 

Colonial 

Governors  {Continued) 

Earl  of  Bellomont      .     . 

1698 

George  Clarke       .     .     . 

1736 

John  Nanfan     .     .     .     . 

1699 

George  Clinton     .     .     . 

1743 

Earl  of  Bellomont     .     . 

1700 

Sir  Danvers  Osborne 

1753 

Col.  William  Smith   .     . 

1701 

James  DeLancey  .     .     . 

1755 

Col.  Abraham  De  Peyst( 

IX  1 701 

Sir  Charles  Hardy     .     . 

1755 

Col.  Peter  Schuyler    .     . 

1701 

James  DeLancey  .     .     . 

1757 

John  Nanfan     .     .     .     . 

1701 

Cadwallader  Colden  .     . 

1760 

Lord  Cornbury      .     .     . 

1702 

Robert  Monckton      .     . 

1761 

Lord  Lovelace  .     .     .     . 

1708 

Cadwallader  Colden  . 

1761 

Peter  Schuyler      .     .     . 

1709 

Robert  Monckton 

1762 

Richard  Ingoldesby  .     . 

1709 

Cadwallader  Colden  . 

1763 

Peter  Schuyler       .     .     . 

1709 

Sir  Henry  Moore  .     . 

.     1765 

Richard  Ingoldesby   . 

1709 

Cadwallader  Colden  . 

•     1769 

Gerardus  Beekman    .     . 

1710 

Earl  of  Dunmore  .     . 

1770 

Robert  Hunter      .     . 

1710 

William  Tryon      .     . 

.     1771 

Peter  Schuyler       .     . 

•     1719 

Cadwallader  Colden  . 

•     1774 

William  Burnet     .     . 

1720 

William  Tryon      .     . 

.     1775 

John  Montgomerie     . 

.     1728 

James  Robertson  .     . 

.     1780 

Rip  Van  Dam        .     . 

•     1731 

Andrew  Elliott      .     . 

•     1783 

WiUiam  Cosby      .     . 

.     1732 

Peter  V.  B.  Livingston 

•     1775 

2.  Provincial  Congress 

[The  following  officers  were  generally  Presidents  or  Presidents  pro  tern,  of 

the  Provincial  Congress.] 


Nathaniel  Woodhull  . 

•     1775 

Abraham  Yates,  Jr.    . 

1776 

Abraham  Yates,  Jr.    . 

.     1775 

Peter  R.  Livingston  .     . 

1776 

Nathaniel  Woodhull  . 

•     1775 

Abraham  Ten  Broeck 

1777 

John  Haring     .     .     . 

•     1775 

Leonard  Gansvoort    . 

1777 

Abraham  Yates,  Jr.    . 

.     1776 

Pierre  Van  Cortlandt  ^ 

.     1777 

3.   State  Governors 

[The  political  parties  to  which  the  different  State  governors  belonged  are 
indicated  as  follows :  D.R.,  Democratic  Republican ;  /^,  Federal ;  W.^ 
Whig;  D.,  Democratic;  R.,  Republican. 


George  Clinton,  D.R.  .  1777 
John  Jay, /^.  ....  1795 
George  Clinton,  D.R.     .     1801 

1  President  of  the  Council  of  Safety. 


Morgan  Lewis,  D.R.      .     1804 
Daniel    D.    Thompkins, 
D.R 1807 


Chronological  Tables 


235 


State  Governors  {Continued') 


John  Taylor,!  Z>./?.    .     .  1817 

DeWitt  Clinton,  D.R.    .  1817 

Joseph  C.  Yates,  D./^.    .  1822 

DeWitt  Clinton,  D./^.    .  1824 

Nathaniel  Pitch er,i  D.  R.  1 828 

Martin  Van  Buren,^  V.R,  1828 

Enos  F.  Throop,  D.R.   .  1829 

William  S.  Marcy,  B.R.  1832 

William  H.  Seward,  IV. .  1838 

William  C.  Bouck,  Z?.     .  1842 

Silas  Wright,  D.  .     .     .  1844 

John  Young,  IV.  .     .     .  1846 

Hamilton  Fish,  IV.    .     .  1848 

Washington  Hunt,  IV.  .  1850 

Horatio  Seymour,  D.       .  1852 

Myron  H.  Clark,  IV..     .  1854 

John  A.  King,  R.  .     .     .  1856 


Edwin  D.  Morgan,  R. 
Horatio  Seymour,  D. 
Reuben  E.  Fenton,  R. 
John  T.  Hoffman,  D. 
John  A.  Dix,  R.    .     . 
Samuel  J.  Tilden,  D. 
Lucius  Robinson,  D. 
Alonzo  B.  Cornell,  R. 
Grover  Cleveland,^  D. 
David  B.  Hill,  D.      . 
Roswell  P.  Flower,  D. 
Levi  P.  Morton,  R.    . 
Frank  S.  Black,  R.    . 
Theodore  Roosevelt,  R. 
Benjamin  B.  Odell,  Jr.,  R 


.    1858 

.  1862 

.  1864 

.   1868 

.  1872 

.  1874 

.   1876 

.  1879 

.  1882 

.  1885 

.  I89I 

.  1894 

.  1896 

.  1898 

.  1900 

1  Acting  governor.  2  Resigned,  March  12,  1829. 

•  Resigned,  January  6,  1885. 


APPENDIX   B 


SELECT   HISTORICAL   DOCUMENTS    (EXCERPTS) 

89.    Charter  to  the  Dutch  West  India  Co., 

1621 

[The  full  text  of  this  Charter  will  be  found  in  O'Callaghan,  History  of 
New  Nethcrlaiid,  I.  p.  399.] 

A   Cha7'ter  given  by  the  High  and  Mighty  Lo?-ds,  the  States 
General,  to  the  PVest  India  Company^  dated  the  ^d  of  June,  1621  :  — 
Purpose  of  The  States  General  of  the  United  Netherlands,  to  all  who  shall 

the  charter.  ^^^  these  presents  or  hear  them  read,  greetings :  Be  it  known, 
that  We,  knowing  that  the  prosperity  of  these  countries,  and  the 
welfare  of  their  inhabitants,  depend  principally  on  navigation  and 
trade,  which  in  all  former  times  by  the  said  countries  were  carried 
on  happily  and  with  great  blessing  to  all  countries  and  king- 
doms ;  •  .  .  and  We  find  by  experience,  that  without  the  common 
help,  assistance,  and  interposition  of  a  General  Company,  the 
people  designed  from  hence  for  those  parts,  cannot  be  properly 
protected  and  maintained  in  their  great  risk  from  pirates,  extor- 
tion, and  otherwise,  which  will  happen  in  so  long  a  voyage  :  We 
have,  therefore  .  .  .  found  it  good,  that  the  navigation,  trade 
and  commerce  in  the  .  .  .  places  hereafter  described  shall  not  be 
carried  on  any  otherwise  than  by  the  common  united  strength  of 
the  merchants  and  inhabitants  of  these  countries  and  for  that  end 
there  shall  be  enacted  one  General  Company,  which  We  .  .  . 
will  maintain  .  .  .  and,  moreover,  furnish  them  with  a  proper 
charter,  and  with  the  following  privileges  and  exemptions,  to  wit : 
Monopoly  I-    That  for  the  term  of  four  and  twenty  years   none  of  the 

granted.  natives  or  inhabitants  of  these  countries  shall  be  permitted  to  sail 

to  or  from  the  said  lands,  or  to  traffic  on  the  coast  and  countries 
of  Africa  .  .  .  nor  in  the  countries  of  America,  or  the  West 
Indies  .  .  .  but  in  the  name  of  this  United  Company  of  these 
United  Netherlands.   .  .  . 

236 


Historical  Dociiments 


237 


II.  That,  moreover,  the  aforesaid  company  may  in  Our  name    Corporate 
and  authority,  within  the  limits  herein  before   described,  make    powers, 
contracts,  engagements,  and  alhances  within  the  province  and 

with  the  natives  of  the  countries  comprehended  therein,  and  also 
build  any  forts  and  fortifications  there,  to  appoint  and  discharge 
governors,  people  for  war,  and  officers  of  justice,  and  other  public 
officers,  for  the  preservation  of  the  places,  keeping  good  order, 
police  and  justice,  and  in  like  manner  for  the  promoting  of 
trade.  .   .  . 

III.  Saving,  that  they  having  chosen  a  governor-in-chief,  and    Supremacy 
prepared  instruction  for  him,  they  shall  be  approved  and  a  com- 
mission given  by  Us  ;  and  that  further,  such  governor-in-chief, 
as  well  as  other  deputy  governors,  commanders,  and  officers,  shall 
be  held  to  take  the  oath  of  allegiance  to  Us,  and  to  the  company.  .  .  . 

[The  rest  of  the  charter  contains  regulations  for  the  manage- 
ment of  the  company  and  the  direction  of  its  business.] 


of  the  States 
General. 


90.  Charter  of  Freedoms  and  Exemptions,  1629 

[The  text  of  this  Charter  will  be  found  in  O'Callaghan,  History  of  New 
Netherland,  I.  112;  New  York  Historical  Society  Collections,  New  Series, 
I.  370;   Dunlop,  History  of  Neiv  York,  II.  App.  H.] 

Freedoms  and  Exemptions,  granted  by  the  Assembly  of  XIX  of 
the  Privileged  West  India  Compatiy,  to  all  such  as  shall  plant 
Colonies  in  New  Netherla7id :  — 

Such  members  of  said  company  as  may  be  inclined  to  settle  Patroons. 
any  colonie  in  New  Netherland,  shall  be  permitted  to  send  in  the 
ships  of  this  company  going  thither,  three  or  four  persons  to 
inspect  the  situation  of  the  country  .  .  .  All  such  shall  be  ac- 
knowledged Patroons  of  New  Netherland  who  shall  within  the 
space  of  four  years  next  after  they  have  given  notice  .  .  .  under- 
take to  plant  a  colonie  there  of  fifty  souls,  upwards  of  fifteen  years 
old :  .  .  .  but  it  is  to  be  observed  that  the  company  reserve  the 
island  of  Manhattes  to  themselves.   .   .   . 

The  Patroons,  by  virtue  of  their  power,  shall  and  may  be  per-    Extent  of 
mitted,  at  such  places  as  they  shall  settle  their  colonies,  to  extend    patroon- 
their  limits  four  miles  [sixteen  English  miles]  along  the  shore, 
that  is,  on  one  side  of  a  navigable  river,  or  two  miles  [eight  Eng- 
lish miles]  on  each  shore  of  a  river,  and  so  far  into  the  country  as 
the  situation  of  the  occupiers  will  permit.  .  .   . 


238 


Appendix  B 


Privileges  of 
patroons. 


Rights  of 
colonists. 


Restrictions 
upon  colo- 
nists. 


Appeal  to 
the  governor 
and  council. 

Minister  and 
school- 
master. 


Defence. 


They  shall  forever  possess  and  enjoy  all  the  lands  lying  within 
the  aforesaid  limits,  together  with  the  fruits,  rights,  rivers,  minerals 
and  fountains  thereof:  and  also  the  chief  command  and  lower 
jurisdictions,  fishing,  fowling,  and  grinding,  to  the  exclusion  of  all 
others  to  be  holden  from  the  company  as  a  perpetual  inheri- 
tance .  .  .  and  in  case  any  one  should  in  time  prosper  so  much 
as  to  found  one  or  more  cities,  he  shall  have  power  and  authority 
to  establish  officers  and  offices  there,  and  to  make  use  of  the  title 
of  his  colonie,  according  to  his  pleasure  and  to  the  quality  of  the 
persons.  .  .  . 

The  company  promises  the  colonists  of  the  Patroons,  that  they 
shall  be  free  from  customs,  taxes,  excise,  imposts,  or  any  other 
contributions,  for  the  space  of  ten  years ;  and  after  the  expira- 
tion of  the  said  ten  years  at  the  highest,  such  customs  as  the 
goods  are  taxable  with  here  for  the  present.  .  .   . 

And  all  such  colonists  as  shall  leave  the  service  of  his  Patroon, 
and  enter  into  the  service  of  another,  or  shall,  contrary  to  his 
contract,  leave  his  service :  we  promise  to  do  every  thing  in  our 
power  to  apprehend  and  deliver  the  same  into  the  hands  of  his 
Patroon,  or  attorney,  that  he  may  be  proceeded  against,  accord- 
ing to  the  customs  of  this  country,  as  occasion  may  require. 

For  all  judgments  given  by  the  courts  of  the  Patroons  for 
upwards  of  fifty  guilders  [$20]  there  may  be  an  appeal  to  the 
company's  commander  and  council  in  New  Netherland  .  .  . 

The  Patroon  and  colonists  shall  in  particular,  and  in  the  speedi- 
est manner,  endeavor  to  find  out  ways  and  means  whereby  they 
may  support  a  minister  and  schoolmaster,  that  thus  the  service 
of  God  and  zeal  for  religion  may  not  grow  cool,  and  be  neglected 
among  them,  —  and  that  they  do,  for  the  first,  procure  a  comforter 
for  the  sick  there.  .  .  . 

The  company  promises  to  finish  the  fort  on  the  island  of  the 
Manhattes,  and  to  put  it  in  a  position  of  defence  without  delay. 


91.  Patent  to  the  Duke  of  York,  1664 

[For  text  see  Brodhead,  History  of  New  York,  II.,  App.  note  A;  O'Cal- 
laghan,  Documents  relative  to  the  Colonial  History  of  New  York,  II. 
295.     The  original  patent  is  in  the  State  Library  at  Albany.] 

Charles  the  Second  by  the  Grace  of  God,  King  of  England, 
Scotland,  France  and  Ireland,  Defender  of  the  Faith,  Ssr'c.     To 


Historical  Documents 


239 


all  to  whom  these  presetits  shall  cojne.  Greetifig:  Know  ye  that 
we  for  divers  good  Causes  and  Considerations  ...  do  give  and 
grant  unto  our  Dearest  Brother  James  Duke  of  York  his  Heirs 
and  Assigns  all  that  part  of  the  main  Land  [describing  the  lands 
in  Maine,  Long  Island,  Martha's  Vineyard  and  Nantucket  and 
the  lands  between  the  Connecticut  and  Delaware  River]. 
And  the  said  James  Duke  of  York  doth  for  himself  his  Heirs 
and  Assigns  covenant  and  promise  to  yield  and  render  unto  us 
our  Heirs  and  successors  of  and  for  the  same  yearly  and  every 
year  forty  Beaver  skins  when  they  shall  be  demanded  or  within 
ninety  days  after. 

And  we  do  further  .  .  .  give  and  grant  unto  our  said  Dearest 
Brother  James  Duke  of  York  .  .  .  full  and  absolute  power  and 
authority  to  correct,  punish,  pardon,  govern,  and  rule  all  such 
the  subjects  of  Our  Heirs  and  Successors  who  may  from  time  to 
time  adventure  themselves  into  any  of  the  parts  or  places  afore- 
said .  .  .  according  to  such  Laws,  Orders,  Ordinances,  Direc- 
tions and  Instruments  as  by  our  said  Dearest  Brother  or  his 
Assigns  shall  be  established  ...  So  also  as  the  said  Statutes, 
Ordinances  and  proceedings  be  not  contrary  to  but  as  near  as 
conveniently  may  be  agreeable  to  the  Laws,  Statutes,  and 
Government  of  this  Our  Realm  of  England.  .  .  . 

And  further  that  it  may  be  lawful  to  and  for  our  Dearest 
Brother  his  Heirs  and  Assigns  by  these  present  from  time  to 
time  to  nominate,  make,  constitute,  ordain  and  confirm  by  such 
name  or  names,  stile  or  stiles,  as  to  him  or  them  shall  seem 
good,  and  likewise  to  make,  discharge,  change  and  alter  as  well, 
all  and  singular  Governors,  Officers  and  Ministers  which  here- 
after shall  be  by  him  or  them  thought  fit  and  needful  to  be 
made  or  used  within  the  aforesaid  parts  or  Islands.  .  .  . 

And  also  to  make,  ordain  and  establish  all  manner  of  Orders, 
Laws,  directions,  instructions,  forms  and  Ceremonies  of  Govern- 
ment and  Magistracy  fit  and  necessary  for  and  Concerning  the 
Government  and  territories  and  Islands  aforesaid,  so  alway  as 
the  same  be  not  contrary  to  the  laws  and  statutes  of  this  Our 
Realm  of  England  but  as  near  as  may  be  agreeable  thereunto  .  .  . 

Witness  Ourself  at  Westminster  the  twelfth  day  of  March  in 
the  Sixteenth  year  of  Our  Reign  [1664]. 

By  the  King,         Howard. 


Appoint- 
ment of 
James  as 
proprietor. 


Political 
authority. 


Power  to 
appoint  offi- 
cers. 


Power  to 
make  laws. 


240 


Appendix  B 


Preamble. 


Supreme 
authority. 


Chief  magis- 
tracy. 


Sessions  of 
assembly. 

Freedoms  of 

elections. 


Apportion- 
ment of  rep- 
resenta- 
tives. 


92.    Charter  of  Liberties  and  Privileges,   1683 

[See  Brodhead,  II.  p.  659-661 ;  Revised  Laws  of  New  York,  iSij,  II.,  App. 
3-6;  O'Callaghan,  Documents  relative  to  the  Colonial  History  of  New 
York,  III.  357-359-] 

For  the  better  establishing  the  Govenifnent  of  this  province  of 
New  York,  a7id  that  Justice  and  Right  ?fiay  be  equally  dojie  to 
all  persons  within  the  satne :  Be  it  enacted  by  the  Goverfiour, 
Council  a7id  Representatives  now  in  gejieral  assembly,  met  afid 
assembled,  and  by  the  authority  of  the  same, 

That  the  Supreme  legislative  authority  under  his  Majesty  and 
Royal  Highness  James,  Duke  of  York,  Albany,  &c..  Lord  pro- 
prietor of  the  said  province,  shall  forever  be  and  reside  in  a 
Governour,  council  and  the  people,  met  in  a  General  assembly. 

That  the  Exercise  of  the  Chief  magistracy  and  administration 
of  the  government  over  the  said  Province,  shall  be  in  the  said 
Governour ;  assisted  by  Council,  with  whose  advice  and  consent, 
or  with  at  least  four  of  them,  he  is  to  rule  and  govern  the  same 
according  to  the  laws  thereof.  .   .  . 

That  according  to  the  usage,  custom  and  practice  of  the 
Realm  of  England  a  session  of  a  general  assembly  be  held 
in  this  province  once  in  three  years  at  least. 

That  every  freeholder  within  this  province,  and  freeman  in 
any  corporation,  shall  have  his  free  choice  and  vote  in  the 
Electing  of  the  representatives,  without  any  manner  of  constraint 
or  imposition,  and  that  in  all  Elections  the  Majority  of  votes 
shall  carry  it,  and  by  freeholders  is  understood  every  one  who  is 
so  understood  according  to  the  laws  of  England. 

That  the  persons  to  be  elected  to  sit  as  representatives  in  the 
General  assembly  from  time  to  time  for  the  several  Cities,  Towns, 
Counties,  Shires,  or  divisions  of  this  province,  and  all  places 
within  the  same  shall  be  according  to  the  proportion  and  number 
hereafter  expressed  —  That  is  to  say  —  For  the  city  and  county 
of  New  York  four  —  For  the  county  of  Suffolk  two  —  For 
Queen's  county  two  —  For  King's  county  two  —  For  the  county 
of  Richmond  one  —  For  the  county  of  Westchester  one  —  For 
the  county  of  Ulster  two  —  For  the  county  of  Albany  two  — 
And  for  Schenectady  within  the  said  county  one  —  For  Duke's 
county  one  —  For  the  county  of  Cornwall  one.  .  .  . 

That  the  said  representatives  may  appoint  their  own  times  of 


Historical  Documents  241 

meeting  during   their  sessions,  and   may  adjourn   their   house,    Freedom  of 
from  time  to  time,  to  such  time  as  to  them  shall  seem  meet  and    nieeting. 
convenient. 

That   the   said   representatives   are   the   sole   Judges   of    the    Qualifica- 
Qualifications  of  their  own  members,  and  hkewise  of  all  undue    ^^'-*"  °^ 
elections,  and  may,  from  time  to  time,  purge  their  house  as  they 
shall  see  occasion  during  the  said  sessions.  .  .  . 

That  no  free  man  shall  be  taken  and  imprisoned,  or  be  dis-    Personal 
seized   of  his    freehold  or  liberty,  or  free  customs,  or   be   out-    "S^ts. 
lawed  or  exiled,  or  any  other  ways  disturbed,  nor  shall  be  passed 
upon,  adjudged  or  condemned,  but  by  the  lawful  judgment  of  his 
peers,  and  by  the  law  of  this  province ;  justice  nor  right  shall  be 
neither  sold,  denied,  or  deferred  to  any  man  within  this  province. 

That    no    aid,  tax,  tallage,  assessment,  loan,  benevolence,  or    No  taxation 
imposition  whatsoever,  shall  be  laid,  assessed,  imposed  or  levied   without 
on  any  of  his  Majesty^s  subjects  within  this  province,  or  their     . 
estates  upon  any  manner  of  colour  or  pretence,  but  by  the  act 
and  consent  of  the  Governour,   council  and   representatives   of 
the  people  in  general  assembly  met  and  assembled.  .  .  . 

All  trials  shall  be  by  the  verdict  of  twelve  men,  and  as  near    Trial  by  jury, 
as  may  be.  Peers  or  Equals  of  the  Neighbourhood,  and  in  the 
County,   Shire  or  Division  where  the  fact  shall  arise  or  grow, 
whether   the  same   be  by  Indictment,  Information,  Declaration, 
or  otherwise,  against  the  person,  offender,  or  defendant.   .   .   . 

That  no  person  or  persons,  which  profess  faith  in  God  by  Religious 
Jesus  Christ,  shall,  at  any  time,  be  any  ways  molested,  punished,  liberty, 
disquieted,  or  called  in  question  for  any  difference  in  opinion 
or  matters  of  religious  concernment,  who  do  not  actually  disturb 
the  civil  peace  of  the  province,  but  that  all  and  every  such 
persons  may  ...  at  all  times  freely  have  and  enjoy,  his  or  their 
judgments  or  consciences  in  matters  of  religion  throughout  all 
the  province,  they  behaving  themselves  peaceably  and  quietly, 
and  not  using  this  liberty  to  licentiousness  nor  to  the  civil  injury 
or  outward  disturbance  of  others.   .   .   . 

New  York,  Oct.  26,  1683. 

The  Representatives   have   assented   to   this   bill,  and   order 
it  to  be  sent  up  to  the  Governour  and  Council  for  their  assent. 

M.  NicoLLS,  Speaker. 

After  three  readings,  it  is  assented  to  by  the  Governour  and 
Council  this  thirtieth  of  October,  1683.  Tho.  Dongan. 


242 


Appe7idix  B 


Preamble. 


93.    The  Constitution  of  New  York,  1894 

[N.  B.   The  Constitution  is  printed  entire  in  the  Legislative  Alanual  each 
year,  together  with  very  full  annotations.] 

We,  the  People  of  the  State  of  New  York,  grateful  to  Al- 
mighty God  for  our  Freedom,  in  order  to  secure  its  blessings, 
DO  establish  this  Constitution. 


Disfran- 
chisement. 


Trial  by  jury. 


Religious 
liberty. 


Habeas 
corpus. 

Bails,  fines. 
Grand  jury. 


ARTICLE   I.  — BILL   OF   RIGHTS 

Section  i.  No  member  of  this  State  shall  be  disfranchised,  or 
deprived  of  any  of  the  rights  or  privileges  secured  to  any  citizen 
thereof,  unless  by  the  law  of  the  land,  or  the  judgment  of  his  peers. 

Sec.  2.  The  trial  by  jury  in  all  cases  in  which  it  has  been 
heretofore  used,  shall  remain  inviolate  forever ;  but  a  jury  trial 
may  be  waived  by  the  parties  in  all  civil  cases  in  the  manner 
to  be  prescribed  by  law. 

Sec.  3.  The  free  exercise  and  enjoyment  of  religious  profes- 
sion and  worship,  without  discrimination  or  preference,  shall  for- 
ever be  allowed  in  this  State  to  all  mankind  ;  and  no  person  shall 
be  rendered  incompetent  to  be  a  witness  on  account  of  his  opinions 
on  matters  of  religious  belief;  but  the  liberty  of  conscience  hereby 
secured  shall  not  be  so  construed  as  to  excuse  acts  of  licentious- 
ness, or  justify  practices  inconsistent  with  the  peace  or  safety  of 
this  State. 

Sec.  4.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be 
suspended,  unless  when,  in  cases  of  rebellion  or  invasion,  the 
public  safety  may  require  its  suspension. 

Sec.  5.  Excessive  bail  shall  not  be  required  nor  excessive  fines 
imposed,  nor  shall  cruel  and  unusual  punishments  be  inflicted, 
nor  shall  witnesses  be  unreasonably  detained. 

Sec.  6.  No  person  shall  be  held  to  answer  for  a  capital  or 
otherwise  infamous  crime  (except  in  cases  of  impeachment,  and 
in  cases  of  militia  when  in  actual  service  ;  and  the  land  and  naval 
forces  in  time  of  war,  or  which  this  State  may  keep  with  the 
consent  of  Congress  in  time  of  peace,  and  in  cases  of  petit  larceny, 
under  the  regulation  of  the  Legislature),  unless  on  presentment 
or  indictment  of  a  grand  jury,  and  in  any  trial  in  any  court  what- 
ever the  party  accused  shall  be  allowed  to  appear  and  defend  in 


Historical  Documents 


243 


person  and  with  counsel  as  in  civil  actions.  No  person  shall  be 
subject  to  be  twice  put  in  jeopardy  for  the  same  offence ;  nor 
shall  he  be  compelled  in  any  criminal  case  to  be  a  witness  against 
himself;  nor  be  deprived  of  life,  liberty  or  property  without  due 
process  of  law  ;  nor  shall  private  property  be  taken  for  public  use, 
without  just  compensation. 

Sec.  7.  When  private  property  shall  be  taken  for  any  public 
use,  the  compensation  to  be  made  therefor,  when  such  compensa- 
tion is  not  made  by  the  State,  shall  be  ascertained  by  a  jury,  or 
by  not  less  than  three  commissioners  appointed  by  a  court  of 
record,  as  shall  be  prescribed  by  law.  .  .  . 

Sec.  8.  Every  citizen  may  freely  speak,  write  and  publish  his 
sentiments  on  all  subjects,  being  responsible  for  the  abuse  of  that 
right ;  and  no  law  shall  be  passed  to  restrain  or  abridge  the  lib- 
erty of  speech  or  of  the  press.  .  .   . 

Sec.  9.  No  law  shall  be  passed  abridging  the  right  of  the 
people  peaceably  to  assemble  and  to  petition  the  government,  or 
any  department  thereof.  .   .  . 

Sec.  10.     Right  of  property  in  lands  —  Escheats. 

Sec.   II.     Feudal  tenures  abolished. 

Sec.  12.     Allodial  tenure. 

Sec.  13.     Certain  leases  invalid. 

Sec.   14.     Fines  and  quarter-sales  abolished. 

Sec.  15.     Sale  of  lands. 

Sec.  16.  Such  parts  of  the  common  law,  and  of  the  acts  of  the 
Legislature  of  the  colony  of  New  York,  as  together  did  form  the 
law  of  the  said  colony,  on  the  nineteenth  day  of  April,  one  thousand 
seven  hundred  and  seventy-five,  and  the  resolutions  of  the  Con- 
gress of  the  said  colony,  and  of  the  convention  of  the  State  of 
New  York,  in  force  on  the  twentieth  day  of  April,  one  thousand 
seven  hundred  and  seventy-seven,  which  have  not  since  expired, 
or  been  repealed  or  altered  ;  and  such  acts  of  the  Legislature  of 
this  State  as  are  now  in  force,  shall  be  and  continue  the  law  of 
this  State,  subject  to  such  alterations  as  the  Legislature  shall 
make  concerning  the  same.  But  all  such  parts  of  the  common 
law,  and  such  of  the  said  acts,  or  parts  thereof,  as  are  repugnant 
to  this  Constitution,  are  hereby  abrogated. 

Sec.  17.     Grants  of  land  since  1775  —  Prior  grants. 


Private  prop- 
erty. 


Freedom  of 
speech. 


Right  of 
petition. 


Common 

law. 


Sec.  18. 


Right  of  action  to  recover  damages. 


244 


Appendix  B 


Qualifica- 
tions. 


Bribery. 


Residence. 


Registration. 


ARTICLE   II.  — VOTERS 

Section  i.  Every  male  citizen  of  the  age  of  twenty-one 
years  who  shall  have  been  a  citizen  for  ninety  days,  and  an 
inhabitant  of  this  State  one  year  next  preceding  an  election, 
and  the  last  four  months  a  resident  of  the  county  and  for  the 
last  thirty  days  a  resident  of  the  election  district  in  which  he  may 
offer  his  vote,  shall  be  entitled  to  vote  at  such  election  in  the 
election  district  of  which  he  shall  at  the  time  be  a  resident,  and 
not  elsewhere,  for  all  officers  that  now  are  or  hereafter  may  be 
elective  by  the  people  ;  and  upon  all  questions  which  may  be  sub- 
mitted to  the  vote  of  the  people,  provided  that  in  time  of  war  no 
elector  in  the  actual  military  service  of  the  State,  or  of  the  United 
States,  in  the  army  or  navy  thereof,  shall  be  deprived  of  his  vote 
by  reason  of  his  absence  from  such  election  district ;  and  the 
Legislature  shall  have  power  to  provide  the  manner  in  which  and 
the  time  and  place  at  which  such  absent  electors  may  vote,  and 
for  the  return  and  canvass  of  their  votes  in  the  election  districts 
in  which  they  respectively  reside. 

Sec.  2.  No  person  shall  receive,  accept,  or  offer  to  receive,  or 
pay,  offer  or  promise  to  pay,  contribute,  offer  or  promise  to  contrib- 
ute to  another,  to  be  paid  or  used,  any  money  or  other  valuable  thing 
as  a  compensation  or  reward  for  the  giving  or  withholding  a  vote 
at  an  election,  or  who  shall  make  any  promise  to  influence  the 
giving  or  withholding  any  such  note,  or  who  shall  make  or 
become  directly  or  indirectly  interested  in  any  bet  or  wager 
depending  upon  the  result  of  any  election,  shall  vote  at  such 
election.  .  .  . 

Sec.  3.  For  the  purpose  of  voting,  no  person  shall  be  deemed 
to  have  gained  or  lost  a  residence,  by  reason  of  his  presence  or 
absence,  while  employed  in  the  ser\'ice  of  the  United  States  ;  nor 
while  engaged  in  the  navigation  of  the  waters  of  this  State,  or 
of  the  United  States,  or  of  the  high  seas  ;  nor  while  a  student 
of  any  seminary  of  learning  ;  nor  while  kept  at  any  almshouse,  or 
other  asylum,  or  institution  wholly  or  partly  supported  at  public 
expense,  or  by  charity  ;  nor  while  confined  in  any  pubhc  prison. 

Sec.  4.  Laws  shall  be  made  for  ascertaining,  by  proper  proofs, 
the  citizens  who  shall  be  entitled  to  the  right  of  suffrage  hereby 
established,  and  for  the  registration  of  voters  ;  which  registration 


Historical  Documents 


245 


shall  be  completed  at  least  ten  days  before  each  election.  Such 
registration  shall  not  be  required  for  town  and  village  elections 
except  by  express  provision  of  law.   .  .   . 

Sec.  5.     All  elections  by  the  citizens,  except  for  such  town    Election  by 
officers  as  may  by  law  be  directed  to  be  otherwise  chosen,  shall    ballot. 
be  by  ballot,  or  by  such  other  method  as  may  be  prescribed  by 
law,  provided  that  secrecy  in  voting  be  preserved. 

Sec.  6.  All  laws  creating,  regulating  or  affecting  boards  of  Boards  of 
officers  charged  with  the  duty  of  registering  voters,  or  of  dis-  registration, 
tributing  ballots  at  the  polls  to  voters,  or  of  receiving,  recording 
or  counting  votes  at  elections,  shall  secure  equal  representation 
of  the  two  political  parties  which,  at  the  general  election  next 
preceding  that  for  which  such  boards  or  officers  are  to  serve,  cast 
the  highest  and  the  next  highest  number  of  votes.  .   .  . 


ARTICLE    III.— THE   LEGISLATURE 

Section  i.     The  legislative  power  of  this  State  shall  be  vested   Two  houses, 
in  the  Senate  and  Assembly. 

Sec.  2.     The  Senate  shall  consist  of  fifty  members,  except  as    How  con- 
hereinafter  provided.    The  senators  elected  in  the  year  one  thou-    stituted. 
sand  eight  hundred  and  ninety-five  shall  hold  their  offices  for 
three  years,  and  their  successors  shall  be  chosen  for  tw^o  years. 
The  Assembly  shall  consist  of  one  hundred  and  fifty  members 
who  shall  be  chosen  for  one  year. 

Sec.  3.     The  State  shall  be  divided  into  fifty  districts  to  be    Districts, 
called  senate  districts,  each  of  which  shall  choose  one  senator. 
The  districts  shall  be  numbered  from  one  to  fifty,  inclusive.  .  .  . 

Sec.  4.  An  enumeration  of  the  inhabitants  of  the  State  shall  Alteration. 
be  taken  under  the  direction  of  the  Secretary  of  State,  during  the 
months  of  May  and  June,  in  the  year  one  thousand  nine  hundred 
and  five,  and  in  the  same  months  every  tenth  year  thereafter ; 
and  the  said  districts  shall  be  so  altered  by  the  Legislature  at 
the  first  regular  session  after  the  return  of  every  enumeration, 
that  each  senate  district  shall  contain  as  nearly  as  may  be  an 
equal  number  of  inhabitants,  excluding  aliens,  and  be  in  as  com- 
pact form  as  practicable,  and  shall  remain  unaltered  until  the 
return  of  another  enumeration,  and  shall  at  all  times,  consist  of 
contiguous  territory,  and  no  county  shall  be  divided  in  the  for- 


246 


Appendix  B 


Apportion- 
ment of 
members. 


Time  of 
election. 


Rules  of 
each  house. 


Private  and 
local  bills. 


mation  of  a  senate  district  except  to  make  two  or  more  senate 
districts  wholly  in  such  county.   .  .  . 

Sec.  5.  The  members  of  the  Assembly  shall  be  chosen  by 
single  districts,  and  shall  be  apportioned  by  the  Legislature  at  the 
first  regular  session  after  the  return  of  every  enumeration  among 
the  several  counties  of  the  State,  as  nearly  as  may  be  according 
to  the  number  of  their  respective  inhabitants,  excluding  aliens. 
Every  county  heretofore  established  and  separately  organized, 
except  the  county  of  Hamilton,  shall  always  be  entitled  to  one 
member  of  assembly,  and  no  county  shall  hereafter  be  erected 
unless  its  population  shall  entitle  it  to  a  member.  .  .  . 

Sec.  6.     Pay  of  members. 

Sec.  7.     No  member  to  receive  an  appointment. 

Sec.  8.     Persons  disqualified  from  being  members. 

Sec.  9.  The  elections  of  senators  and  members  of  assembly, 
pursuant  to  the  provisions  of  this  Constitution,  shall  be  held  on 
the  Tuesday  succeeding  the  first  Monday  of  November,  unless 
otherwise  directed  by  the  Legislature. 

Sec.  10.  A  majority  of  each  house  shall  constitute  a  quorum 
to  do  business.  Each  house  shall  determine  the  rules  of  its  own 
proceedings,  and  be  the  judge  of  the  elections,  returns  and  quali- 
fications of  its  own  members  ;  shall  choose  its  own  officers  ;  and 
the  Senate  shall  choose  a  temporary  president  to  preside  in  case 
of  the  absence  or  impeachment  of  the  Lieutenant-Governor,  or 
when  he  shall  refuse  to  act  as  president,  or  shall  act  as  Governor. 

Sec.  II.     Journals  to  be  kept. 

Sec.  12.     No  member  to  be  questioned,  etc. 

Sec.   13.     Bills  may  originate  in  either  house. 

Sec.  14.     Enacting  clause  of  bills. 

Sec.   15 .     Assent  of  a  majority  of  all  the  members  required,  etc. 

Sec.   16.     Restriction  as  to  private  and  local  bills. 

Sec.  17.  Existing  law  not  to  be  made  a  part  of  an  act  except 
by  inserting  it  therein. 

Sec.  18.  The  Legislature  shall  not  pass  a  private  or  local  bill 
in  any  of  the  following  cases  : 

Changing  the  names  of  persons. 

Laying  out,  opening,  altering,  working  or  discontinuing  roads, 
highways  or  alleys,  or  for  draining  swamps  or  other  low  lands. 

Locating  or  changing  county  seats. 


Historical  Documents  247 

Providing  for  changes  of  venue  in  civil  or  criminal  cases. 

Incorporating  villages. 

Providing  for  election  of  members  of  boards  of  supervisors. 

Selecting,  drawing,  summoning  or  impanelling  grand  or  petit 
jurors. 

Regulating  the  rate  of  interest  on  money. 

The  opening  and  conducting  of  elections  or  designating  places 
of  voting. 

Creating,  increasing  or  decreasing  fees,  percentage  or  allow- 
ances of  public  officers,  during  the  term  for  which  said  officers 
are  elected  or  appointed. 

Granting  to  any  corporation,  association  or  individual  the  right 
to  lay  down  railroad  tracks. 

Granting  to  any  private  corporation,  association  or  individual 
any  exclusive  privilege,  immunity  or  franchise  whatever. 

The  Legislature  shall  pass  general  laws  providing  for  the  cases 
enumerated  in  this  section,  and  for  all  other  cases  which  in  its 
judgment  may  be  provided  for  by  general  laws.  .  .  . 

Sec.  19.  The  Legislature  not  to  audit  or  to  allow  any  private 
claim. 

Sec.  20.     The  assent  of  two-thirds  of  the  members  elected  to   Two-thirds 
each  branch  of  the  Legislature  shall  be  requisite  to  every  bill    ^°^^- 
appropriating  the  public  moneys  or  property  for  local  or  private 
purposes. 

Sec.  21.  No  money  shall  ever  be  paid  out  of  the  treasury  of  Appropria- 
this  State,  or  any  of  its  funds,  or  any  of  the  funds  under  its  tions. 
management,  except  in  pursuance  of  an  appropriation  by  law ; 
nor  unless  such  payment  be  made  within  two  years  next  after  the 
passage  of  such  appropriation  act ;  and  every  such  law  making  a 
new  appropriation,  or  continuing  or  reviving  an  appropriation, 
shall  distinctly  specify  the  sum  appropriated,  and  the  object  to 
which  it  is  to  be  applied ;  and  it  shall  not  be  sufficient  for  such 
law  to  refer  to  any  other  law  to  fix  such  sum. 

Sec.  22.     No  provision  or  enactment  shall  be  embraced  in  the    Extraneous 
annual  appropriation  or  supply  bill,  unless  it  relates  specifically  to    provisions. 
some  particular  appropriation  in  the  bill ;  and  any  such  provision 
or  enactment  shall  be  limited  in  its  operation  to  such  appropriation. 

Sec.  23.  Sections  seventeen  and  eighteen  not  to  apply  to  cer- 
tain bills. 


248 


Appendix  B 


Sec.  24.     Bill  imposing  tax,  manner  of  passing. 
Sec.  25.     Same  subject. 
Supervisors.         Sec  26.     Tliere  shall  be  in  the  several  counties,  except  in  cities 
whose  boundaries  are  the  same  as  those  of  the  county,  a  board  of 
supervisors,  to  be  composed  of  such  members,  and  elected  in  such 
manner,  and  for  such  period,  as  is  or  may  be  provided  by  law. 
Local  Sec.  27.     The  Legislature  shall,  by  general  laws,  confer  upon 

legislation.       the  boards  of  supervisors  of  the  several  counties  of  the  State  such 
further  powers  of  local  legislation  and  administration  as  the  Legis- 
lature may  from  time  to  time  deem  expedient. 
Sec.  28.     No  extra  compensation  to  be  granted. 
Sec.  29.     Occupation  and  employment  of  convicts. 


Executive 

officers. 


Qualifica- 
tions. 


Election. 


Duties  of  the 
governor. 


ARTICLE   IV.  — THE   EXECUTIVE 

Section  i .  The  executive  power  shall  be  vested  in  a  Governor, 
who  shall  hold  his  ofifice  for  two  years  ;  a  Lieutenant-Governor 
shall  be  chosen  at  the  same  time,  and  for  the  same  term.  The 
Governor  and  Lieutenant-Governor  elected  next  preceding  the 
time  when  this  section  shall  take  effect,  shall  hold  office  until  and 
including  the  thirty-first  day  of  December,  one  thousand  eight 
hundred  and  ninety-six,  and  their  successors  shall  be  chosen  at 
the  general  election  in  that  year. 

Sec.  2.  No  person  shall  be  eligible  to  the  office  of  Governor 
or  Lieutenant-Governor,  except  a  citizen  of  the  United  States,  of 
the  age  of  not  less  than  thirty  years,  and  who  shall  have  been 
five  years  next  preceding  his  election  a  resident  of  this  State. 

Sec.  3.  The  Governor  and  Lieutenant-Governor  shall  be 
elected  at  the  times  and  places  of  choosing  members  of  the  Assem- 
bly. The  persons  respectively  having  the  highest  number  of  votes 
for  Governor  and  Lieutenant-Governor  shall  be  elected ;  but  in 
case  two  or  more  shall  have  an  equal  and  the  highest  number  of 
votes  for  Governor,  or  for  Lieutenant-Governor,  the  two  houses  of 
the  Legislature  at  its  next  annual  session  shall  forthwith,  by  joint 
ballot,  choose  one  of  the  said  persons  so  having  an  equal  and  the 
highest  number  of  votes  for  Governor  or  Lieutenant-Governor. 

Sec.  4.  The  Governor  shall  be  Commander-in-Chief  of  the 
Military  and  naval  forces  of  the  State.  He  shall  have  power  to 
convene  the  Legislature,  or  the  Senate  only,  on  extraordinary 


Histoj'ical  Doamients 


249 


occasions.  At  extraordinary  sessions  no  subject  shall  be  acted 
upon,  except  such  as  the  Governor  may  recommend  for  consid- 
eration. He  shall  communicate  by  message  to  the  Legislature 
at  every  session  the  condition  of  the  State,  and  recommend  such 
matters  to  them  as  he  shall  judge  expedient.  He  shall  transact 
all  necessary  business  with  the  officers  of  government,  civil  and 
military.  He  shall  expedite  all  such  measures  as  may  be  resolved 
upon  by  the  Legislature,  and  shall  take  care  that  the  laws  are 
faithfully  executed.   .•  .   . 

Sec.  5.     Pardoning  power  vested  in  the  Governor. 

Sec.  6.  Powers  of  Governor  to  devolve  on  Lieutenant- 
Governor. 

Sec.  7.  Requisite  qualifications  of  Lieutenant-Governor — To 
be  President  of  the  Senate,  and  to  act  as  Governor  in  certain  cases. 

Sec.  8.     Compensation  of  Lieutenant-Governor. 

Sec.  9.  Bills  to  be  presented  to  the  Governor  for  signature — 
If  returned  by  him  with  objections,  how  disposed  of — Bills  to  be 
returned  within  ten  days — After  adjournment,  bills  must  be  ap- 
proved in  thirty  days,  else  cannot  become  law — Governor  may 
object  to  items  of  appropriation  in  any  bill. 

ARTICLE   v.  — OTHER   STATE   OFFICERS 


Section  i.  The  Secretary  of  State,  Comptroller,  Treasurer,  Election. 
Attorney-General  and  State  Engineer  and  Surveyor  shall  be 
chosen  at  a  general  election  at  the  times  and  places  of  electing 
the  Governor  and  Lieutenant-Governor,  and  shall  hold  their 
offices  for  two  years,  except  as  provided  in  section  two  of  this 
article.   .   .   . 

Sec.  2.     Same  subject — Terms  of  office. 

Sec.  3.     A  superintendent  of  public  works  shall  be  appointed    Superintend- 
by  the  Governor,  by  and  with  the  advice  and  consent  of  the    ent  of  public 

works 
Senate,  and  hold  his  office  until  the  end  of  the  term  of  the  Gov- 
ernor by  whom  he  was  nominated,  and  until  his  successor  is 
appointed  and  qualified.  He  shall  receive  a  compensation  to  be 
fixed  by  law.  He  shall  be  required  by  law  to  give  security  for 
the  faithful  execution  of  his  office  before  entering  upon  the  duties 
thereof.  He  shall  be  charged  with  the  execution  of  all  law's  re- 
lating to  the  repair  and  navigation  of  the  canals,  and  also  of  those 


250 


Appendix  B 


Superintend- 
ent of 
prisons. 


Special  com- 
missions. 


Civil  service 
law. 


relating  to  the  construction  and  improvement  of  the  canals,  ex- 
cept so  far  as  the  execution  of  the  laws  relating  to  such  construc- 
tion and  improvement  shall  be  confided  to  the  State  Engineer 
and  Surveyor ;  subject  to  the  control  of  the  Legislature,  he  shall 
make  the  loiles  and  regulations  for  the  navigation  or  use  of  the 
canals.  He  may  be  suspended  or  removed  from  office  by  the 
Governor,  whenever  in  his  judgment,  the  public  interest  shall  so 
require.  .   .   . 

Sec.  4.  A  Superintendent  of  State  Prisons  shall  be  appointed 
by  the  Governor,  by  and  with  the  advice  and  consent  of  the 
Senate,  and  hold  his  office  for  five  years,  unless  sooner  removed ; 
he  shall  give  security  in  such  amount,  and  with  such  sureties  as 
shall  be  required  by  law  for  the  faithful  discharge  of  his  duties  ; 
he  shall  have  the  superintendence,  management  and  control  of 
State  prisons,  subject  to  such  laws  as  now  exist  or  may  hereafter 
be  enacted ;  he  shall  appoint  the  agents,  wardens,  physicians  and 
chaplains  of  the  prisons.   .   .  . 

Sec.  5.  The  Lieutenant-Governor,  Speaker  of  the  Assembly, 
Secretary  of  State,  Comptroller,  Treasurer,  Attorney-General  and 
State  Engineer  and  Surveyor  shall  be  the  Commissioners  of  the 
Land  Office.  The  Lieutenant-Governor,  Secretary  of  State,  Comp- 
troller, Treasurer  and  Attorney-General  shall  be  the  Commis- 
sioners of  the  Canal  Fund.  The  Canal  Board  shall  consist  of 
the  Commissioners  of  the  Canal  Fund,  the  State  Engineer  and 
Surveyor,  and  the  Superintendent  of  Public  Works. 

Sec.  6.     Powers  and  duties  of  Boards,  etc. 

Sec.  7.     Treasurer  may  be  suspended  by  Governor. 

Sec.  8.     Certain  offices  abolished. 

Sec.  9.  Appointments  and  promotions  in  the  civil  service  of 
the  State,  and  of  all  the  civil  divisions  thereof,  including  cities  and 
villages,  shall  be  made  according  to  merit  and  fitness  to  be  ascer- 
tained, so  far  as  practicable,  by  examinations,  which,  so  far  as 
practicable,  shall  be  competitive  ;  provided,  however,  that  honor- 
ably discharged  soldiers  and  sailors  from  the  army  and  navy  of 
the  United  States  in  the  late  civil  war,  who  are  citizens  and  resi- 
dents of  this  State,  shall  be  entitled  to  preference  in  appointment 
and  promotion,  without  regard  to  their  standing  on  any  list  from 
which  such  appointment  or  promotion  may  be  made.  Laws  shall 
be  made  to  provide  for  the  enforcement  of  this  section. 


Historical  Docnments 


251 


ARTICLE  VI.  — THE  JUDICIARY 

Section  i.     The   Supreme   Court   is  continued   with   general    Supreme 
jurisdiction  in  law  and  equity,  subject  to  such  appellate  juris-    c°^''*- 
diction  of  the  Court  of  Appeals  as  now  is  or  may  be  prescribed 
by  law  not  inconsistent  with  this  article.   .  .  . 

Sec.  2.     The  Legislature  shall  divide  the  State  into  four  judicial   Judicial 
departments.     The  first  department  shall  consist  of  the  county  of    departments. 
New  York ;  the  others  shall  be  bounded  by  county  lines,  and  be 
compact  and  equal  in  population  as  nearly  as  may  be.     Once 
every  ten  years  the  Legislature  may  alter  the  judicial  departments, 
but  without  increasing  the  number  thereof. 

There  shall  be  an  Appellate  Division  of  the  Supreme  Court, 
consisting  of  seven  justices  in  the  first  department,  and  of  five 
justices  in  each  of  the  other  departments.  In  each  department 
four  shall  constitute  a  quorum,  and  the  concurrence  of  three  shall 
be  necessary  to  a  decision.  No  more  than  five  justices  shall  sit 
in  any  case. 

Sec.  3.     Judges  not  to  sit  in  review  in  certain  cases. 

Sec.  4.     Term  of  office,  fourteen  years. 

Sec.  5.     Abolition  of  City  Courts. 

Sec.  6.  Abolition  of  Circuit  Courts  and  Oyer  and  Ter- 
miner. 

Sec.  7.  The  Court  of  Appeals  is  continued.  It  shall  consist  Court  of 
of  the  chief  judge  and  associate  judges  now  in  office,  who  shall  appeals, 
hold  their  offices  until  the  expiration  of  their  respective  terms, 
and  their  successors,  who  shall  be  chosen  by  the  electors  of  the 
State.  The  official  terms  of  the  chief  judge  and  associate  judges 
shall  be  fourteen  years  from  and  including  the  first  day  of  January 
next  after  their  election.  Five  members  of  the  court  shall  form 
a  quorum,  and  the  concurrence  of  four  shall  be  necessary  to  a 
decision.  The  court  shall  have  power  to  appoint  and  to  remove 
its  reporter,  clerk  and  attendants. 

Sec.  8.     Vacancies,  how  filled. 

Sec.  9-     Jurisdiction  of  Court  of  Appeals. 

Sec.  10.  Judges  of  Court  of  Appeal,  or  justices  of  Supreme 
Court,  to  hold  no  other  office. 

Sec.   II.     Removals  —  Proceedings  in  relation  thereto. 

Sec.   12.     Compensation  of  judges  and  justices. 


252 


Appendix  B 


Impeach- 
ments. 


County 
courts. 


Sec.  13.  The  Assembly  shall  have  the  power  of  impeachment, 
by  a  vote  of  a  majority  of  all  the  members  elected.  The  Court 
for  the  Trial  of  Impeachments  shall  be  composed  of  the  President 
of  the  Senate,  the  senators,  or  the  major  part  of  them,  and  the 
judges  of  the  Court  of  Appeals,  or  the  major  part  of  them.  On 
the  trial  of  an  impeachment  against  the  Governor  or  Lieutenant- 
Governor,  the  Lieutenant-Governor  shall  not  act  as  a  member  of 
the  court.  No  judicial  officer  shall  exercise  his  office,  after  arti- 
cles of  impeachment  against  him  shall  have  been  preferred  to  the 
Senate,  until  he  shall  have  been  acquitted.  Before  the  trial  of  an 
impeachment  the  members  of  the  court  shall  take  an  oath  or 
affirmation  truly  and  impartially  to  try  the  impeachment  accord- 
ing to  the  evidence,  and  no  person  shall  be  convicted  without 
the  concurrence  of  two-thirds  of  the  members  present.  Judg- 
ment in  cases  of  impeachment  shall  not  extend  further  than  to 
removal  from  office,  or  removal  from  office  and  disqualification 
to  hold  and  enjoy  any  office  of  honor,  tmst  or  profit  under  this 
State ;  but  the  party  impeached  shall  be  liable  to  indictment  and 
punishment  according  to  law. 

Sec.  14.  The  existing  County  Courts  are  continued,  and  the 
judges  thereof  now  in  office  shall  hold  their  offices  until  the  ex- 
piration of  their  respective  terms.  In  the  county  of  Kings  there 
shall  be  two  county  judges  and  the  additional  county  judge  shall 
be  chosen  at  the  next  general  election  held  after  the  adoption  of 
this  article.  The  successors  of  the  several  county  judges  shall 
be  chosen  by  the  electors  of  the  counties  for  the  term  of  six 
years.   .   .   . 

Sun-ogates'  Courts. 

Local  judicial  officers. 

Justices  of  the  peace. 

Inferior  local  courts. 

Clerks  of  Supreme  Court  and  Court  of  Appeals. 

No  judicial  officer  except  justice  of  the  peace  to 

Publication  of  statutes  to  be  provided  for. 

Local  judicial  officers  —  Terms  of  office  of  incum- 

Courts  of  Special  Sessions. 


Sec. 

15- 

Sec. 

16. 

Sec. 

17- 

Sec. 

18. 

Sec. 

19. 

Sec. 

20. 

receive 

fees 

Sec. 

21. 

Sec. 

22. 

bents. 

Sec. 

23- 

Historical  Documents 


253 


ARTICLE   VII.  — STATE   CREDIT   AND    DEBTS 


Section,  i.     The  credit  of  the  State  shall  not  in  any  manner    State  credit, 
be  given  or  loaned  to  or  in  aid  of  any  individual,  association  or 
corporation. 

Sec.  2.  The  State  may,  to  meet  casual  deficits  or  failures  in  state  debts, 
revenues,  or  for  expenses  not  provided  for,  contract  debts  ;  but 
such  debts,  direct  or  contingent,  singly  or  in  the  aggregate,  shall 
not  at  any  time  exceed  one  million  of  dollars ;  and  the  moneys 
arising  from  the  loans  creating  such  debts  shall  be  applied  to  the 
purpose  for  which  they  were  obtained,  or  to  repay  the  debt  so 
contracted,  and  to  no  other  purpose  whatever. 

Sec.  3.     In  addition  to  the  above  limited  power  to  contract    Special 
debts,  the  State  may  contract  debts  to  repel  invasion,  suppress    debts. 
insurrection,  or  defend  the  State  in  war ;  but  the  money  arising 
from  the  contracting  of  such  debts  shall  be  applied  to  the  purpose 
for  which  it  was  raised,  or  to  repay  such  debts,  and  to  no  other 
purpose  whatever. 

Sec.  4.  Except  the  debts  specified  in  sections  two  and  three  Limitation 
of  this  article,  no  debts  shall  be  hereafter  contracted  by  or  on  of  debts, 
behalf  of  this  State,  unless  such  debt  shall  be  authorized  by  law, 
for  some  single  work  or  object,  to  be  distinctly  specified  therein  ; 
and  such  law  shall  impose  and  provide  for  the  collection  of  a 
direct  annual  tax  to  pay,  and  sufficient  to  pay,  the  interest  on 
such  debt  as  it  falls  due,  and  also  to  pay  and  discharge  the  prin- 
cipal of  such  debt  within  eighteen  years  from  the  time  of  the 
contracting  thereof.  No  such  law  shall  take  effect  until  it  shall, 
at  a  general  election,  have  been  submitted  to  the  people,  and 
have  received  a  majority  of  all  the  votes  cast  for  and  against  it  at 
such  election.   .   .   . 

Sec.   5.     Sinking  funds. 

Sec.  6.     Claims. 

Sec.  7.     Forest  preserve. 

Sec.  8.     Certain  canals  not  be  leased  or  sold. 

Sec.  9.     Maintenance  of  canals. 

Sec.   10.     Improvements  of  canals. 


254 


Appendix  B 


How  created. 


Debts. 


Definition. 


Local 
restrictions. 


ARTICLE   VIIL  — CORPORATIONS 

Section  i .  Corporations  may  be  formed  under  general  laws  ; 
but  shall  not  be  created  by  special  act,  except  for  municipal  pur- 
poses, and  in  cases  where,  in  the  judgment  of  the  Legislature, 
the  objects  of  the  corporation  cannot  be  attained  under  general 
laws.  All  general  laws  and  special  acts  passed  pursuant  to  this 
section  may  be  altered  from  time  to  time  or  repealed. 

Sec.  2.  Dues  from  corporations  shall  be  secured  by  such 
individual  liability  of  the  corporators  and  other  means  as  may  be 
prescribed  by  law. 

Sec.  3.  The  term  corporations  as  used  in  this  article  shall  be 
construed  to  include  all  associations  and  joint-stock  companies 
having  any  of  the  powers  or  privileges  of  corporations  not  pos- 
sessed by  individuals  or  partnerships.  And  all  corporations  shall 
have  the  right  to  sue  and  shall  be  subject  to  be  sued  in  all  courts 
in  like  cases  as  natural  persons. 

Sec.  4.     Charters  for  savings  banks  and  banking  purposes. 

Specie  payments. 

Registry  of  bills  or  notes. 

Individual  responsibility  of  stockholders. 

Insolvency  of  banks,  preference. 

Credit  or  money  of  the  State  not  to  be  given  or 


Sec. 

Sec. 

Sec. 

Sec. 

Sec. 
loaned. 

Sec.  10.  No  county,  city,  town  or  village  shall  hereafter  give 
any  money  or  property,  or  loan  its  money  or  credit  to  or  in  aid 
of  any  individual,  association  or  corporation,  or  become  directly 
or  indirectly  the  owner  of  stock  in,  or  bonds  of,  any  association 
or  corporation ;  nor  shall  any  such  county,  city,  town,  or  village 
be  allowed  to  incur  any  indebtedness  except  for  county,  city,  town 
or  village  purposes.  This  section  shall  not  prevent  such  county, 
city,  town  or  village  from  making  such  provision  for  the  aid  or 
support  of  its  poor  as  may  be  authorized  by  law.  No  county  or 
city  shall  be  allowed  to  become  indebted  for  any  purpose  or  in 
any  manner  to  an  amount  which,  including  existing  indebtedness, 
shall  exceed  ten  per  centum  of  the  assessed  valuation  of  the  real 
estate  of  such  county  or  city  subject  to  taxation,  as  it  appeared 
by  the  assessment-rolls  of  said  county  or  city  on  the  last  assess- 
ment for  State  or  county  taxes  prior  to  the  incurring  of  such 


Historical  Documents  255 

indebtedness ;  and  all  indebtedness  in  excess  of  such  limitation, 
except  such  as  may  now  exist,  shall  be  absolutely  void,  except  as 
herein  otherwise  provided.  .   .   . 

Sec.  II.  The  Legislature  shall  provide  for  a  State  Board  of  Board  of 
Charities,  which  shall  visit  and  inspect  all  institutions,  whether  charities. 
State,  county,  municipal,  incorporated  or  not  incorporated,  which 
are  of  a  charitable,  eleemosynary,  correctional  or  reformatory 
character,  excepting  only  such  institutions  as  are  hereby  made 
subject  to  the  visitation  and  inspection  of  either  of  the  commis- 
sions hereinafter  mentioned,  but  including  all  reformatories 
except  those  in  which  adult  males  convicted  of  felony  shall  be 
confined ;  a  State  Commission  in  Lunacy,  which  shall  visit  and 
inspect  all  institutions,  either  public  or  private,  used  for  the  care 
and  treatment  of  the  insane  (not  including  institutions  for  epi- 
leptics or  idiots)  ;  a  State  Commission  of  Prisons  which  shall  visit 
and  inspect  all  institutions  used  for  the  detention  of  sane  adults 
charged  with  or  convicted  of  crime,  or  detained  as  witnesses  or 
debtors. 

Sec.  12.     Same  subject  —  appointment  and  removal. 

Sec.  13.     Inspection  of  institutions. 

Sec.  14.     Maintenance  of  charitable  institutions. 

Sec.  15.     Commissioners,  terms  of  office,  etc. 

ARTICLE  IX.  — EDUCATION 

Section  i .     The  Legislature  shall  provide  for  the  maintenance    Free  schools. 
and  support  of  a  system  of  free  common  schools,  wherein  all  the 
children  of  this  State  may  be  educated. 

Sec.  2.  The  corporation  created  in  the  year  one  thousand  The  regents, 
seven  hundred  and  eighty-four,  under  the  name  of  the  Regents 
of  the  University  of  the  State  of  New  York,  is  hereby  continued 
under  the  name  of  The  University  of  the  State  of  New  York.  It 
shall  be  governed  and  its  corporate  powers,  which  may  be  in- 
creased, modified  or  diminished  by  the  Legislature,  shall  be  exer- 
cised, by  not  less  than  nine  regents. 

Sec.  3.     The  capital  of  the  common  school  fund,  the  capital  of  Educational 
the  literature  fund,  and  the  capital  of  the  United  States  deposit   funds, 
fiind,  shall  be  respectively  preserved  inviolate.     The  revenue  of 
the  said  common  school  fund  shall  be  applied  to  the  support  of 


256 


Apptiidix  B 


Sectarian 
schools. 


common  schools  ;  the  revenue  of  the  said  literature  fund  shall  be 
applied  to  the  support  of  academies ;  and  the  sum  of  twenty-five 
thousand  dollars  of  the  revenues  of  the  United  States  deposit  fund 
shall  each  year  be  appropriated  to  and  made  part  of  the  capital  of 
the  said  common  school  fund. 

Sec.  4.  Neither  the  State  nor  any  subdivision  thereof,  shall 
use  its  property  or  credit  or  any  public  money,  or  authorize  or 
permit  either  to  be  used,  directly  or  indirectly,  in  aid  or  main- 
tenance, other  than  for  examination  or  inspection,  of  any  school 
or  institution  of  learning  wholly  or  in  part  under  the  control  or 
direction  of  any  religious  denomination,  or  in  which  any  denomi- 
national tenet  or  doctrine  is  taught. 


Certain 
officers. 


Other 
officers. 


ARTICLE  X.  — COUNTY   OFFICERS 

Section  i .  Sheriffs,  clerks  of  counties,  district  attorneys,  and 
registers  in  counties  having  registers,  shall  be  chosen  by  the 
electors  of  the  respective  counties,  once  in  every  three  years  and 
as  often  as  vacancies  shall  happen,  except  in  the  counties  of  New 
York  and  Kings,  and  in  counties  whose  boundaries  are  the  same 
as  those  of  a  city,  where  such  officers  shall  be  chosen  by  the 
electors  once  in  every  two  or  four  years  as  the  Legislature  shall 
direct.  .  .  .  The  Governor  may  remove  any  officer,  in  this  section 
mentioned,  within  the  term  for  which  he  shall  have  been  elected; 
giving  to  such  officer  a  copy  of  the  charges  against  him,  and  an 
opportunity  of  being  heard  in  his  defence. 

Sec.  2.  All  county  officers,  whose  election  or  appointment  is 
not  provided  for  by  this  Constitution,  shall  be  elected  by  the 
electors  of  the  respective  counties  or  appointed  by  the  boards  of 
supervisors,  or  other  county  authorities,  as  the  Legislature  shall 
direct.  All  city,  town  and  village  officers,  whose  election  or  ap- 
pointment is  not  provided  for  by  this  Constitution,  shall  be  elected 
by  the  electors  of  such  cities,  towns  and  villages,  or  of  some  di- 
vision thereof,  or  appointed  by  such  authorities  thereof,  as  the 
Legislature  shall  designate  for  that  purpose.  All  other  officers, 
whose  election  or  appointment  is  not  provided  for  by  this  Con- 
stitution, and  all  officers,  whose  offices  may  hereafter  be  created 
by  law,  shall  be  elected  by  the  people,  or  appointed,  as  the  Leg- 
islature may  direct. 


Histo7'ical  Documents 


257 


Sec.  3.     When  the  duration  of  any  office  is  not  provided  by    Duration  of 
this  Constitution,  it  may  be  declared  by  law,  and  if  not  so  declared,    °'^<^^- 
such  office  shall  be  held  during  the   pleasure  of  the  authority 
making  the  appointment. 

Sec.  4.     Time  of  election  to  be  prescribed  by  law. 

Sec.  5.     Vacancies  in  office,  how  filled. 

Sec.  6.     Political  year  begins  on  ist  of  January. 

Sec.  7.     Removal  from  office. 

Sec.  8.     When  office  deemed  vacant. 

Sec.  9.     Compensation  of  certain  officers. 


ARTICLE  XL— MILITIA 

Section  i .     All  able-bodied  male  citizens  between  the  ages  of   How  con- 
eighteen  and  forty-five  years,  who  are  residents  of  the  State,  shall    stituted. 
constitute  the  militia,  subject,  however,  to  such  exemptions  as  are 
now,  or  may  be  hereafter  created  by  the  laws  of  the  United  States, 
or  by  the  Legislature  of  this  State. 
Sec.  2.     Provisions  for  enlistment. 

Organization  and  maintenance  of  militia. 
Officers  to  be  appointed  by  the  Governor. 
Commissioned  and  non-commissioned,  how  chosen. 


Sec.  3 
Sec.  4 
Sec.  5 
Sec.  6 


Officers,  how  commissioned. 


ARTICLE   XII.  — MUNICIPAL   ORGANIZATION 

Section  i.     It  shall  be  the  duty  of  the  Legislature  to  provide    Cities  and 
for  the  organization  of  cities  and  incorporated  villages,  and  to    villages, 
restrict  their  power  of  taxation,  assessment,  borrowing  money, 
contracting   debts,   and   loaning  their  credit,  so  as    to   prevent 
abuses  in  assessments,  and  in  contracting  debt  by  such  municipal 
coiporations. 

Sec.  2.  All  cities  are  classified  according  to  the  latest  State 
enumeration,  as  from  time  to  time  made,  as  follows  :  The  first 
class  includes  all  cities  having  a  population  of  two  hundred 
and  fifty  thousand,  or  more ;  the  second  class,  all  cities  having  a 
population  of  fifty  thousand,  and  less  than  two  hundred  and  fifty 
thousand  ;  the  third  class,  all  other  cities.  Laws  relating  to  the 
property,  affairs  or  government  of  cities,  and  the  several  depart- 
ments thereof,  are  divided  into  general  and  special  city  laws  \ 


Classification 
of  cities. 


258 


Appe7idix  B 


general  city  laws  are  those  which  relate  to  all  the  cities  of  one  or 
more  classes  ;  special  city  laws  are  those  which  relate  to  a  single 
city,  or  to  less  than  all  the  cities  of  a  class.  .  .  . 
Elections.  Sec.  3.     All  elections  of  city  officers,  including  supervisors  and 

judicial  officers  of  inferior  local  courts,  elected  in  any  city  or  part 
of  a  city,  and  of  county  officers  elected  in  the  counties  of  New 
York  and  Kings,  and  in  all  counties  whose  boundaries  are  the 
same  as  those  of  a  city,  except  to  fill  vacancies,  shall  be  held  on 
the  Tuesday  succeeding  the  first  Monday  in  November  in  an  odd- 
numbered  year,  and  the  term  of  every  such  officer  shall  expire  at 
the  end  of  an  odd-numbered  year.  .  .  .  This  section  shall  not 
apply  to  any  city  of  the  third  class,  or  to  elections  of  any  judicial 
officer,  except  judges  and  justices  of  inferior  local  courts. 


Section 
Sec.  2 


Sec. 
Sec. 
Sec. 
Sec. 


ARTICLE   XIII.  — MISCELLANEOUS 

I .     Oath  of  office. 
Bribery  and  corruption. 
Offer  of  bribery  a  felony. 
Witness  in  one's  own  behalf. 
Free  passes  or  transportation,  a  misdemeanor. 
Removal  of  district  attorney. 


ARTICLE    XIV.  — AMENDMENTS 

Procedure.  Section  I .     Any  amendment  or  amendments  to  this  Constitu- 

tion may  be  proposed  in  the  Senate  and  Assembly ;  and  if  the 
same  shall  be  agreed  to  by  a  majority  of  the  members  elected  to 
each  of  the  two  houses,  such  proposed  amendment  or  amend- 
ments shall  be  entered  on  their  journals,  with  the  yeas  and  nays 
taken  thereon,  and  referred  to  the  Legislature  to  be  chosen  at  the 
next  general  election  of  senators,  and  shall  be  published  for  three 
months  previous  to  the  time  of  making  such  choice  ;  and  if  in  the 
Legislature  so  next  chosen,  as  aforesaid,  such  proposed  amend- 
ment or  amendments  shall  be  agreed  to  by  a  majority  of  all  the 
members  elected  to  each  house,  then  it  shall  be  the  duty  of  the 
Legislature  to  submit  such  proposed  amendment  or  amendments 
to  the  people  for  approval  in  such  manner  and  at  such  times  as 
the  Legislature  shall  prescribe ;  and  if  the  people  shall  approve 
and  ratify  such  amendment  or  amendments  by  a  majority  of  the 


Historical  Documents  259 

electors  voting  thereon,  such  amendment  or  amendments  shall 
become  a  part  of  the  Constitution  from  and  after  the  first  day  of 
January  next  after  such  approval. 

Sec.  2.  At  the  general  election  to  be  held  in  the  year  one  Constitu- 
thousand  nine  hundred  and  sixteen,  and  every  twentieth  year  tional  con- 
thereafter,  and  also  at  such  times  as  the  Legislature  may  by  law 
provide,  the  question :  "  Shall  there  be  a  convention  to  revise  the 
Constitution  and  amend  the  same?^'  shall  be  decided  by  the 
electors  of  the  State ;  and  in  case  a  majority  of  the  electors  vot- 
ing thereon  shall  decide  in  favor  of  a  convention  for  such  purpose, 
the  electors  of  every  senate  district  of  the  State,  as  then  organ- 
ized, shall  elect  three  delegates  at  the  next  ensuing  general  elec- 
tion at  which  members  of  the  Assembly  shall  be  chosen,  and  the 
electors  of  the  State  voting  at  the  same  election  shall  elect  fifteen 
delegates-at-large.  The  delegates  so  elected  shall  convene  at  the 
capitol  on  the  first  Tuesday  of  April  next  ensuing  after  their  elec- 
tion, and  shall  continue  their  session  until  the  business  of  such 
convention  shall  have  been  completed.  Every  delegate  shall  re- 
ceive for  his  services  the  same  compensation  and  the  same  mileage 
as  shall  then  be  annually  payable  to  the  members  of  the  Assembly. 
A  majority  of  the  convention  shall  constitute  a  quorum  for  the 
transaction  of  business,  and  no  amendment  to  the  Constitution 
shall  be  submitted  for  approval  to  the  electors  as  hereinafter  pro- 
vided, unless  by  the  assent  of  a  majority  of  all  the  delegates 
elected  to  the  convention,  the  yeas  and  nays  being  entered  on 
the  journal  to  be  kept.  The  convention  shall  have  the  power  to 
appoint  such  officers,  employes  and  assistants  as  it  may  deem 
necessary,  and  fix  their  compensation  and  to  provide  for  the 
printing  of  its  documents,  journal  and  proceedings.  The  con- 
vention shall  determine  the  rules  of  its  own  proceedings,  choose 
its  own  officers,  and  be  the  judge  of  the  election,  returns  and 
qualifications  of  its  members.  .  .  .  Any  proposed  constitution 
or  constitutional  amendment  which  shall  have  been  adopted  by 
such  convention,  shall  be  submitted  to  a  vote  of  the  electors  of 
the  State  at  the  time  and  in  the  manner  provided  by  such  con- 
vention, at  an  election  which  shall  be  held  not  less  than  six 
weeks  after  the  adjournment  of  such  convention.  Upon  the  ap- 
proval of  such  constitution  or  constitutional  amendments,  in  the 
manner  provided  in  the  last  preceding  section,  such  constitution 


ments. 


260  Appendix  B 

or  constitutional  amendment,  shall  go  into  effect  on  the  first  day 
of  January  next  after  such  approval. 
Legislative  Sec.  3.     Any  amendment  proposed  by  a  constitutional  con ven- 

amend-  tjon  relating  to  the  same  subject  as  an  amendment  proposed  by 

the  Legislature,  coincidently  submitted  to  the  people  for  approval 
at  the  general  election  held  in  the  year  one  thousand  eight  hun- 
dred and  ninety-four,  or  at  any  subsequent  election,  shall,  if  ap- 
proved, be  deemed  to  supersede  the  amendment  so  proposed  by 
the  Legislature. 

ARTICLE   XV.  — DATE   OF   OPERATION 

Section  i .  This  Constitution  shall  be  in  force  from  and  includ- 
ing the  first  day  of  January,  one  thousand  eight  hundred  and 
ninety-five,  except  as  herein  otherwise  provided. 

Done  in  Convention  at  the  Capitol  in  the  city  of  Albany, 
the  tv/enty-ninth  day  of  September,  in  the  year  one 
thousand  eight  hundred  and  ninety-four,  and  of  the 
Independence  of  the  United  States  of  America  the  one 
hundred  and  nineteenth. 

In  witness  whereof,  we  have  hereunto  subscribed  our 
names. 

JOSEPH    HODGES   CHOATE, 

President  and  Delegate-at-Large. 
CHARLES   ELLIOTT   FITCH, 

Secretary. 


APPENDIX    C 


POLITICAL  DIVISIONS   OF   THE  STATE 


94.    Counties  in  the  Order  of  their  Erection 


[See  Legislative  Manual,  rgo2,  pp.  192,  194.] 


No.        Name. 

From  What  Taken. 

Date  of 
Erection. 

Area, 
Sq.  Miles. 

I.    Albany  .... 

Original 

1683 

514 

2.    Dutchess 

Original 

1683 

810 

3.    Kings     . 

Original 

1683 

72 

4.   New  York 

Original 

1683 

39 

5.   Orange  . 

Original 

1683 

838 

6.   Queens  . 

Original 

1683 

58 

7.    Richmond 

Original 

1683 

59 

8.    Suffolk  . 

Original 

1683 

1,200 

9.   Ulster     . 

Original 

1683 

1,204 

10.    Westchester 

Original 

1683 

506 

II.    Montgomery 

Albany 

1772 

214 

12.    Washington 

Albany 

1772 

850 

13.   Columbia 

Albany 

1786 

688 

14.    Clinton  . 

Washington 

I78S 

1,092 

15.   Ontario  . 

Montgomery 

1789 

640 

16.    Rensselaer 

Albany 

I79I 

690 

17.    Saratoga 

Albany 

I79I 

862 

18.    Herkimer 

Montgomery 

I79I 

i»745 

19.   Otsego   . 

Montgomery 

I79I 

1,038 

20.  Tioga     . 

Montgomery 

I79I 

542 

21.   Onondaga 

Herkimer 

1794 

812 

22.    Schoharie 

Albany  and  Otsego 

1795 

675 

23.   Steuben 

Ontario 

1796 

1,425 

24.    Delaware 

Ulster  and  Otsego 

1797 

1,580 

25.    Rockland 

Orange 

1798 

208 

26.   Chenango 

Tioga  and  Herkimer 

I79S 

898 

261 


262 


Appendix  C 


No.         Name. 

From  What  Taken. 

Date  of 

Area, 

Erection. 

Sq.  Miles. 

27.    Oneida  .... 

Herkimer 

1798 

1,215 

28.    Essex 

Clinton 

1799 

1,926 

29.    Cayuga  . 

Onondaga 

1799 

756 

30.    Greene  . 

Albany  and  Ulster 

1800 

686 

31.    St.  Lawrence 

Clinton 

1802 

2,S8o 

32.    Genesee 

Ontario 

1802 

507 

33.    Seneca  . 

Cayuga 

1804 

420 

34.    Jefferson 

Oneida 

1805 

1,868 

35.    Lewis     . 

Oneida 

1805 

1,288 

36.    Madison 

Chenango 

1806 

670 

37.    Broome 

Tioga 

1806 

706 

38.    Allegany 

Genesee 

1806 

1.033 

39.    Cattaraugus 

Genesee 

1808 

1.334 

40.   Chautauqua 

Genesee 

1808 

1,099 

41.    Franklin 

Clinton 

1808 

1,718 

42.   Niagara. 

Genesee 

1808 

558 

43.    Cortland 

Onondaga 

1808 

485 

44.    Schenectady 

Albany 

1809 

221 

45.    Sullivan 

Ulster 

1809 

1,082 

46.    Putnam  . 

Dutchess 

1812 

234 

47.    Warren  . 

Washington 

1813 

968 

48.    Oswego . 

Oneida  and  Onon- 

daga 

1816 

1,038 

49.    Hamilton 

Montgomery 

1816 

1.745 

50.   Tompkins 

Cayuga  and  Seneca 

1817 

506 

51.    Livingston 

Genesee  and  Ontario 

182I 

655 

52.    Monroe . 

Genesee  and  Ontario 

182I 

682 

53.    Erie 

Niagara 

182I 

1,071 

54.    Yates      . 

Ontario 

1823 

320 

55.    Wayne  . 

Ontario  and  Seneca 

1823 

624 

56.    Orleans 

Genesee 

1824 

405 

57.    Chemung 

Tioga 

1836 

406 

58.    Fulton    . 

Montgomery 

1838 

544 

59.    Wyoming 

Genesee 

1 841 

590 

60.    Schuyler 

Chemung,  Steuben, 

and  Tompkins 

1854 

352 

61.   Nassau  .... 

Queens 

State 

1899 

352 

T 

otal  a 

rea  of 

50,203 

Political  Divisions 


263 


95.    Senate  and  Assembly  Districts 

[For  special  limits  of  senatorial  districts,  see  Legislative  Manual,  rgo2, 
p.  468;  for  assembly  districts,  Ibid.,  p,  499,  —  with  maps.  See  also 
map  at  the  beginning  of  this  volume.] 


Senate 
Districts. 

No.  of 
Assembly 
Counties.  Districts. 

Senate 
Districts. 

No.  of 
Assembly 
Counties.  Districts. 

I                 i 

X          •                     •                     •          1 

I 

'  Suffolk 
Richmond    . 

2 

I 

XXXIII 

'  Otsego 
Herkimer     . 

I 
I 

TT 

f  Queens 

2 

XXXIV 

Oneida 

3 

ii  .           .           .    ' 

III-IX  . 

Nassau 
Kings  . 

I 
21 

XXXV  . 

'  Jefferson 
[  Lewis  . 

2 
I 

X-XXI . 

New  York    . 

35 

XXXVI 

Onondaga    . 

4 

XXII     . 

Westchester 

3 

XXXVII 

f  Oswego 

2 

XXIII      .                   •               T-,          1    1           J 

Rockland     . 

2 
I 

Madison 
"  Broorne 

I 

2 

^  Dutchess 

2 

XXXVIII      . 

<  Cortland 

I 

XXIV    . 

Columbia 

.  Tioga  . 

I 

XXV     . 

^  Putnam 
'  Ulster  . 
^^  Green  . 

XXXIX 

r  Cayuga 
1^  Seneca 
'  Chemung 

2 
I 

I 

I 

'■  Delaware 

XL 

<  Tompkins 

I 

XXVI    .         .  < 

Chenango     . 

L  Schuyler 

I 

^  Sitllivan 

^  Montgomery 

XLI       . 

Steuben 
1  Yates   . 

2 
I 

XXVII  . 

Fulton       ^ 
Hamilton  ^ 

XLII     . 

f   Ontario 
Wayne 

I 
I 

^  Schoharie     . 

1 

XLIII,  XLIV 

Monroe 

•      4 

'  Saratoga 

'  Niagara 
<(  Genesee 

2 

XXVIII         .  < 

Sclienectady 

XLV      . 

I 

>  Washington 

-  Orleans 

I 

XXIX  . 

Albany 

4 

'  Allegany 

I 

XXX    . 

Rensselaer   . 

3 

XLVI    . 

<   Livingston 

I 

'  Clinton 

.  Wyoming 

I 

XXXI   . 

Essex  . 

XLVII-XLIX 

Erie      . 

.      8 

.  Warren 

JL>    t            •             • 

J  Chautauqua 

2 

XXXII  .         .   - 

St.  Lawrence 
Franklin 

2 

I 

\  Cattaraugus 

2 

Total 


150 


264  Appendix  C 

96.    Judicial  Districts  and  Departments 

[See  Legislative  Manual,  igo2,  pp.  560,  564  —  with  map.] 

A.  Judicial  Districts 

First  District.  —  City  and  county  of  New  York,  excepting  that 
part  annexed  from  Westchester  county. 

Second  District.  —  Counties  of  Richmond,  Suffolk,  Queens,  Kings, 
Westchester,  Orange,  Rockland,  Putnam,  and  Dutchess,  and 
that  part  of  New  York  county  taken  from  Westchester. 

Third  District.  —  Counties  of  Cokmibia,  Sullivan,  Ulster,  Greene, 
Albany,  Schoharie,  and  Rensselaer. 

Fourth  District.  —  Counties  of  Warren,  Saratoga,  Washington, 
Essex,  Franklin,  St.  Lawrence,  Clinton,  Montgomery,  Ham- 
ilton, Fulton,  and  Schenectady. 

Fifth  District.  —  Counties  of  Onondaga,  Oneida,  Oswego,  Her- 
kimer, Jefferson,  and  Lewis. 

Sixth  District.  —  Counties  of  Otsego,  Delaware,  Madison,  Che- 
nango, Broome,  Tioga,  Chemung,  Tompkins,  Cortland,  and 
Schuyler. 

Seventh  District.  —  Counties  of  Livingston,  Wayne,  Seneca, 
Yates,  Ontario,  Steuben,  Monroe,  and  Cayuga. 

Eighth  District.  —  Counties  of  Erie,  Chautauqua,  Cattaraugus, 
Orleans,  Niagara,  Genesee,  Allegany,  and  Wyoming. 

B.   Judicial  Departments 

First  Departmeftt,  consists  of  the  county  of  New  York. 
Second  Depart?nefit,  consists  of  the  Second  Judicial  District. 
Third  Department.,  consists  of  the  Third,   Fourth,   and   Sixth 

Judicial  Districts. 
Fourth  Depart7ne7tt,  consists  of  the  Fifth,  Seventh,  and  Eighth 

Judicial  Districts. 


APPENDIX    D 

synoptical  review  of  the  state  government 
97.    The  Central  Government  of  the  State 

I.  Legislative  Branch. 

1.  Senate,  —  fifty  (50)  members  elected  from  the  different 

"senate  districts/''  for  two  years.    (  N.  V.  Const.,  iii.,  §  2.) 

2.  Assembly,  —  one  hundred  and  fifty  (i  50)  members,  elected 

from  the   different   "assembly  districts"'   for  one  year. 
(A^.  Y.  Const.,  III.,  §  2.) 

II.  Executive  Branch. 

1.  Executive  Officers,  —  elected  for  two  years.    {N.  V.  Const. ^ 

IV.,  §  I,  v.,  §  I.) 

(i).  Governor. 

(2).  Lieutenant-governor. 

(3) .  Secretary  of  State. 

(4).  Comptroller. 

(5).  Treasurer. 

(6).  Attorney-general. 

(7).  State  Engineer  and  Surveyor. 

2.  Adfmnistrative  Officers,  Boards  and  Coniniissions}- 

General 

(i).  State  Board  of  Canvassers,  —  five  ex  officio  mem- 
bers, viz.,  secretary  of  state,  attorney-general, 
comptroller,  state  engineer  and  treasurer.  {Gett- 
er al  Laws,  ch.  6,  §  139.) 

1  These  various  and  numerous  boards  and  commissions  have  been 
created  from  time  to  time  in  order  to  meet  the  growing  administrative 
needs  of  the  State.  They  have  at  present  no  structural  relation  to  each 
other,  not  being  organized  under  more  general  bureaus  or  departments. 

265 


266  Appendix  D 

(2).  Commission  to  examine  Voting  Machines, — three 
members  appointed  by  governor  for  five  years. ^ 
{General  Laws,  ch.  6,  §  160.) 

(3).  Civil  Service  Commission,  —  appointed  tor  a  term 
not  tixed.     (^General  Laws,  ch.  3,  §  3.) 

(4) .  State  Tax  Commission,  —  three  members,  appointed 
for  three  years.     (^General  Laws,  ch.  24,  §  170.) 

(5).  State  Board  of  Equalization,  —  ten  ex  officio  mem- 
bers, viz.,  the  three  tax  commissioners  and  the 
seven  commissioners  of  the  land  office.  {Ge?i- 
eral  Laws,  ch.  24,  §  173.) 

(6).  Department  of  Excise, —  one  commissioner  ap- 
pointed for  five  years.  (General  Laws,  ch. 
29,  §6.) 

(7) .  Commission  for  the  Promotion  of  Uniformity  of 
Legislation  in  the  United  States, — three  mem- 
bers appointed  for  four  years.  {Laws,  1890, 
ch.  205,  and  1892,  ch.  538.) 

(8) .  Superintendent  of  the  Metropolitan  Election  Dis- 
trict,— appointed  for  four  years.  {Laws,  1898, 
ch.  676,  §  2.) 

Public  Safety 

(9).  State  Board  of  Health,  —  one  commissioner  ap- 
pointed for  four  years.  {General  Laws,  ch.  25, 
§2.) 

(10).  Commission  of  Quarantine,  —  three  members  ap- 
pointed for  three  years.  {General  Laws,  ch. 
25,  §  80.) 

(11).  Health  Officer  of  the  Port  of  New  York,  —  ap- 
pointed for  four  years.  {General  Lazus,  ch.  25, 
§  100.) 

Efforts  have  been  made  in  recent  years  to  remedy  somewhat  this  serious 
lack  of  organization  in  the  administrative  system  of  the  State.  The 
grouping  here  given  does  not  represent  any  real  administrative  relation 
between  these  boards ;  it  is  simply  adopted  for  the  sake  of  conven- 
ience, and  to  follow  the  general  order  of  subjects  as  discussed  in  the 
previous  text. 

1  All  appointments,  unless  otherwise  stated,  are  made  by  the  governor 
with  the  consent  of  the  senate. 


Synoptical  Review  267 

(12).  State  Board  of  Pharmacy,  —  fifteen  members 
elected  by  different  pharmaceutical  societies  in 
three  sections  of  the  State.  (^General  Laws, 
ch.  25,  §  190.) 

(13).  Board  of  Embalming  Examiners,  —  five  members 
appointed  for  three  years.  {Laws,  i8g8,  ch. 
555-) 

Public  Education 

(14).  Board  of  Regents  of  the  University  of  the  State 
of  New  York,  —  nineteen  elective  regents  elected 
by  the  legislature  for  life,  and  four  ex  officio 
regents,  viz.,  governor,  lieutenant-governor,  sec- 
retary of  state,  and  superintendent  of  public  in- 
struction. (iV.  V.  Const.,  ix,  §  2  ;  Laws,  i8g2, 
ch.  378,  also  General  Laws,  ch.  23.) 

(15).  Superintendent  of  Public  Instmction,  —  elected 
by  legislature  for  three  years.  {Laws,  i8g4, 
ch.  556,  also  General  Laws,  ch.  23.) 

(16).  State  Historian,  —  appointed  for  four  years. 
{Laws  i8gs,  ch.  393.) 

Charities  and  Corrections 

(17).  State  Board  of  Charities, — twelve  members  ap- 
pointed for  eight  years.  (A^.  V.  Const.,  viii,  §§ 
II,  12  ;  General  Laws,  ch.  26,  §  3.) 

(18).  Board  of  Managers  of  the  Syracuse  State  Institute 
for  Feeble-minded  Children,  —  eight  managers 
appointed  for  eight  years.  {General Laws,  ch. 
26,  art.  4.) 

(19).  Board  of  Managers  of  Newark  State  Custodial 
Asylum  for  Feeble-minded  Women,  —  nine 
managers  appointed  for  six  years.  {General 
Laws,  ch.  26,  art.  5.) 

(20).  Board  of  Managers  of  Rome  State  Custodial  Asy- 
lum for  Unteachable  Idiots,  —  eleven  managers 
appointed  for  six  years.  {General  Laws,  ch.  26, 
art.  6.) 


268  Appendix  D 

(21).  Board  of  Managers  of  the  Craig  Colony  for  Epi- 
leptics (at  Sonyea,  Livingston  Co.),  —  twelve 
managers  appointed  for  three  years.  {General 
Laws,  ch.  26,  art.  7.) 

(22).  Board  of  Managers  of  the  Rochester  State  Indus- 
trial School,  —  fifteen  managers  appointed  for 
three  years.      {General  Laws,  ch.  26,  §  120.) 

(23).  Board  of  Managers  of  the  Society  for  the  Refor- 
mation of  Juvenile  Delinquents  in  the  City  of  New 
York,  —  thirty  managers  elected  by  the  society 
for  three  years.     {General  Laws,  ch.  26,  §  121.) 

(24).  Board  of  Managers  of  the  Hudson  River  House 
of  Refuge  for  Women  (at  Poughkeepsie),  —  six 
managers  appointed  for  six  years.  {General 
Laws,  ch.  26,  art.  9.) 

(25).  Board  of  Managers  of  the  Albion  Western  House 
of  Refuge  for  Women,  —  six  managers  appointed 
for  six  years.     {Ibid.') 

(26) .  Board  of  Managers  for  the  Bedford  State  Reforma- 
tory for  Women,  —  six  managers  appointed  for 
six  years.     {Ibid.') 

(27).  Board  of  Managers  of  the  Thomas  Asylum  for 
Orphan  and  Destitute  Indian  Children,  —  ten 
managers  appointed  for  six  years.  {General 
Laws,  ch.  26,  §  161.) 

(28).  Board  of  Trustees  of  the  Batavia  State  School  for 
the  Blind,  —  nine  trustees  appointed  for  three 
years.     {Laws,  186^,  ch.  587.) 

(29).  Board  of  Trustees  of  the  State  Soldiers'  and 
Sailors'  Home  (at  Bath),  —  nine  trustees  ap- 
pointed for  three  years,  and  two  ex  officio  mem- 
bers, the  governor  and  attorney-general.  {Gen- 
eral Laws,  ch.  14,  §  40.) 

(30).  Board  of  Managers  of  the  State  Woman's  Relief 
Corps  Home  (at  Oxford),  —  nine  managers  ap- 
pointed for   six  years.     {Laws,  i8g4,  ch.  468.) 

(31).  Agent  of  the  Onondaga  Tribe  of  Indians,  —  ap- 
pointed for  one  year.  {Laws,  1843,  ch.  228,  and 
i8g2,  ch.  679.) 


Synoptical  Review  269 

(32).  Agent  of  the  Onondaga  Indians  in  Western  New 
York,  —  appointed  for  four  years.  {Laws,  i8s7y 
ch.  233,  and  i8g2,  ch.  679.) 

(j,^).  Attorney  of  the  Seneca  Nation,  —  appointed  for 
three  years.  {Laws,  184^,  ch.  150,  and  i8g2,  ch. 
679.) 

(34).  Attorney  of  the  St.  Regis  Tribe,  — appointed  for 
three  years.  {Laws,  1861,  ch.  325,  and  i8g2,  ch. 
679.) 

(35).  State  Commission  in  Lunacy,  —  three  members 
appointed  for  six  years.  {IV.  Y.  Const.,  viii, 
§  II  ;   General Lazvs,  ch.  28,  §  3.) 

(36).  Commission  of  Prisons,  —  three  members  ap- 
pointed for  four  years.  (A^.  Y.  Const.,  viii,  §11; 
Laws,  i8gj,  ch.  1026.) 

(2)7)'  Superintendent  of  Prisons,  —  appointed  for  five 
years.     {JV.  Y.  Const.,  v,  §  4.) 

Public  Lands 

(38) .    Commission  of  the  Land  Office,  —  seven  ex  officio 
members,  viz.,  lieut.-governor,   speaker   of  the 
assembly,  secretary  of  state,  comptroller,  treas- 
urer,    attorney-general     and     State     engineer. 
{N.  Y.  Const.,  v.,  §  5,  and  General  Laws,  ch. 
II,  art.  L) 
(39).   Forest,  Fish,  and  Game  Commission,  —  one  com- 
missioner appointed  for  four  years.    {Laws,  jgoi, 
ch.  94.) 
(40) .    Forest  Preserve  Board,  —  three  members  appointed 
from  the  commissioners  of  the  land  office  and 
from  the  forest,  fish,  and  game  commission,  to 
serve  during  pleasure  of  the  governor.     {Laws, 
i8gy,  ch.  220.) 
(41).   Commission    of  the   Niagara   Reservation,  —  five 
members   appointed   for  five  years.     {General 
L.aws,  ch.  II,  §  90.) 
(42).   Commission   of  the   Palisades  Interstate  Park,— 
ten  members  appointed  for  five  years.     {Laws, 
J  goo,  ch.  170.) 


2^0  Appendix  D 

(43).  Commission  of  Watkins  Glen  Reservation,  —  five 
members  appointed  for  five  years.  {Laws,  i8gg, 
ch.  683.) 

(44).  Bronx  Valley  Sewer  Commission,  —  five  members 
for  five  years.      {Laws,  i8g^,  ch.  570.) 

(45).  Commission  for  Water  Power  on  Black  River, — 
four  members,  no  term  fixed.  {Laws,  i8g4,  ch. 
168.) 

(46).  Superintendent  of  Onondaga  Salt  Springs,  —  ap- 
pointed for  three  years.    {General  Laws,  ch.  13, 

§5-) 

Public  Buildings 

(47).  Trustees  of  Public  Buildings,  —  three  ex  officio 
members,  governor,  lieut. -governor,  speaker  of 
the  assembly,  who  appoint  a  superintendent. 
{General  Laws,  ch.  14,  §  2.) 

(48).  State  Architect,  —  appointed,  term  Jiot  fixed. 
{General  Laws,  ch.  14,  §  6.) 

(49).  Trustees  of  Washington's  Headquarters  (at  New- 
burgh),  —  ten  members  appointed  for  five  years. 
{General  Laws,  ch.  14,  §  21.) 

Agriculture,  Labor,  and  Dojmestic  Commerce 

(50).  Department  of  Agriculture,  —  one  commissioner 
appointed  for  three  years.     {General  Laws,  ch. 

33^  §  2.) 

(51).  State  Fair  Commission,  —  eleven  members,  nine 
appointed  by  governor  from  various  agricultural 
societies,  for  three  years,  and  two  ex  officio  mem- 
bers, lieut.-governor,  and  commissioner  of  agri- 
culture.    {General  Laws,  ch.  33,  §  141.) 

(52).  Trustees  of  New  York  Agricultural  Experiment 
Station  (at  Geneva),  —  nine  members  appointed 
for  three  years.     {General  Laws,  ch.  33,  §  85.) 

(53).  Department  of  Labor,  —  one  commissioner  ap- 
pointed for  four  years.     {Laws,  igoi,  ch.  9.) 

(54).  Superintendent  of  Weights  and  Measures,  —  ap- 
pointed by  governor,  lieut.-governor,  and  secre- 


Synoptical  Review  271 

tary   of    state   during   pleasure    of   appointing 
power.     {^General  Laws ^  ch.  9,  §  80.) 
(55).    Inspector   of    Gas   Meters,  —  appointed    for    five 
years.     (^General  Laws,  ch.  40,  §  62.) 

Canals  and  Navigation 

(56).  Commission  of  the  Canal  Fund,  —  five  ex  officio 
members,  viz.,  lieut. -governor,  secretary  of  state, 
comptroller,  treasurer,  and  attorney-general. 
(iV.  Y.  Const.,  v.,  §  5.) 

(57).  Canal  Board,  —  seven  ex  officio  members,  viz.,  the 
five  commissioners  of  the  canal  fund,  the  state 
engineer  and  the  superintendent  of  public 
works.  {^N.  Y.  Const.,  v.,  §  5  ;  Generat  Laws, 
ch.  12,  art.  II.) 

(58).  Superintendent  of  Public  Works,  —  appointed 
during  governors  term.  (TV.  Y.  Cojist.,  v.,  §  3  ; 
General  Laws,  ch.  12,  art.  III.) 

(59).  Port  Wardens  of  the  Port  of  New  York,  —  nine  in 
number  appointed  for  three  years.  {Laws,  18^7, 
ch.  405.) 

(60) .  Harbor  Master  of  the  Port  of  Albany,  —  appointed, 
no  term  fixed.     {General  Laws,  ch.  30,  §  60.) 

Control  of  Corporations 

(61).  Insurance  Department,  —  a  superintendent  ap- 
pointed for  three  years.  {General  Laws,  ch.  38, 
§2.) 

(62) .  Bank  Department,  —  a  superintendent  appointed 
for  three  years.     {General  Laws,  ch.  37,  §  3.) 

(63) .  Railroad  Commission,  —  three  members  appointed 
for  five  years.     {General  Laws,  ch.  39,  §  150.) 

Miscellaneous 

(64).  State  Racing  Commission,  —  three  members  ap- 
pointed by  governor  for  five  years.  {Laws,  i8g^, 
ch.  570.) 

(65).  Supervisors  of  Accounts  of  Race  Meetings, — 
three  in  number  appointed  by  governor  for  five 
years.     (See  Legislative  Manual,  igo2,  p.  459.) 


2/2  Appendix  D 

(66).  State  Board  of  Classification,  —  eight  ex  officio 
members,  viz.,  comptroller,  superintendent  of 
prisons,  the  three  commissioners  of  prisons  and 
the  three  commissioners  in  lunacy.  {Laws^ 
i8g7,  ch.  623,  §  107.) 

(67).  Trustees  of  the  Supreme  Court  Library  at  Elmira, 
—  three  in  number  appointed  by  the  governor 
for  three  years.     {Laws,  iSg^,  ch.  231.) 

(68).  Miscellaneous  Reporter,  —  appointed  by  the  gov- 
ernor for  five  years.     {Laws,  iSg2,  ch.  598.) 

III.   Judicial  Branch. 

1 .  Court  for  the  Trial  of  Impeachments,  —  consisting  of  the 

president  of  the  senate,  the  senators  or  the  major  part 
of  them,  and  the  judges  of  the  court  of  appeals  or  the 
major  part  of  them.     (A^.  Y.  Const.,  vi.,  §  13.) 

2.  Court  of  Appeals, —  consisting  of  one  chief  judge  and  six 

associate  judges,  elected  by  the  people  for  fourteen 
years — together  with  temporary  associate  judges  ap- 
pointed by  the  governor  when  the  accumulation  of  cases 
requires  such  appointments.     {N.  V.  Const.,  vi.,  §  7.) 

3.  Supreme    Court,  —  consisting    of    seventy-six     justices 

elected  by  the  people  in  the  eight  judicial  districts  for 
fourteen  years  —  from  which  number  are  chosen  certain 
justices  to  sit  in  an  Appellate  Division  in  each  of  the 
four  judicial  departments.     (A^.  Y.  Const..,  vi.,  §§  i,  2.) 

4.  Court  of  Claims,  —  three  judges  appointed  for  six  years. 

{New  York  Code  of  Civil  Procedure,  §  263.) 

98.  The  Government  of  Greater  New  York 

[For  original  charter,  see  Laws,  i8gj,  ch.  378  ;  revised  charter,  Laws,  rgoi, 
ch.  406,  and  amendments  of  the  same  year.] 

I.   Legislative  Branch. 

1 .  Board  of  Aldermen,  —  consisting  of 

(i).    President  of  the  Board,  —  elected  for  two  years. 
(2) .    Presidents  of  the  Boroughs,  —  elected  for  two  years. 
(3).    Aldermen, —  one  elected  from  each  of  the  seventy- 
three  aldermanic  districts  for  two  years. 

2.  City  Clerk,  —  elected  by  the  Board  for  six  years. 


Synoptical  Review  273 

II.   Executive  Branch. 

1 .  Mayor,  —  elected  for  two  years,  assisted  by  two  special 

commissions,  the  members  appointed  by  him  ; 
( i) .    Commission  of  Accounts,  —  two  members. 
(2).    Municipal  Civil   Service   Commission,  — three  or 
more  members. 

2.  Adininistrative  Departments,  —  the  heads  of  which  are 

appointed  by  the  mayor  and  hold  office  until  their  suc- 
cessors are  appointed,  unless  otherwise  provided. 
(i ) .    Department  of  Finance,  —  consisting  of 

{a).   Comptroller,  —  elected  for  two  years. 
{b).  Chamberlain,  — appointed  by  mayor, 
{c).    Commission  of  the  Sinking  Fund,  —  con- 
sisting of  the  mayor,  chamberlain,  president 
of  the  board  of  aldermen,  and  chairman  of 
the  finance  committee  of  that  board. 
{d).    Board  of  Estimate  and  Apportionment,  — 
consisting  of  the  mayor,  comptroller,  presi- 
dent of  the  board  of  aldermen,  and  presi- 
dents of  the  five  boroughs. 
(2).    Law  Department,  —  under  the  corporation  counsel. 
(3).   Police  Department,  —  under   one  police  commis- 
sioner. 
(4).   Departmemt  of  Water  Supply,  Gas  and  Electric- 
ity,—  under  one  commissioner. 
(5).    Department  of  Street  Cleaning,  —  under  one  com- 
missioner. 
(6) .    Department  of  Bridges, —under  one  commissioner. 
(7).    Department  of  Parks,  — under  a  board  of  three 

commissioners. 
(8) .    Department  of  Public  Charities,  —  under  one  com- 
missioner. 

(9).    Department  of  Correction,  — under  one  commis- 
sioner. 

(10).    Fire  Department,  — under  one  commissioner. 
(11).    Department  of  Docks  and  Ferries,  —  under  one 

commissioner. 
(12).    Department  of  Taxes  and  Assessment, —  under  a 

board  consisting  of  a  president  and  four  other 

members. 


2/4  Appe7idix  D 

(13) .    Department  of  Education,  —  under  a  board  of  forty 
six  (46)  members  appointed  by  mayor  for  five 
years  —  from  Manhattan  22,  Brooklyn  14,  Bronx 
4,  Queens  4,  Richmond  2.     Board  appoints  the 
following  officers  for  six  years  :  — 
{a).    Superintendent  of  Schools. 
{p).    Superintendent  of  School  Buildings. 
{c).    Superintendent  of  Supplies. 
{d).    Supervisor  of  Lectures. 

(14).  Department  of  Health,  —  under  a  board  consisting 
of  one  commissioner  of  health,  the  police  com- 
missioner, and  the  health  officer  of  the  port. 

(15).  Tenement  House  Department, — under  one  com- 
missioner. 

III.  Judicial  Branch  (besides  City  Court  and  Court  of  General 

Sessions,  which  are  properly  county  courts). 

1.  Mimkipal  Court, — justices   elected   by   the  people  for 

ten  years,  having  civil  jurisdiction. 

2.  Co2irt  of  Special  Sessions,  —  justices  appointed   by  the 

mayor  for  ten  years,  with  criminal  jurisdiction. 

IV.  Borough  Organization. 

1.  President,  —  elected    by    the    borough    for   two   years; 

appoints :  — 

(i).    Commissioner  of  Public  Works. 

(2).    Superintendent  of  Buildings. 

2.  Local  Improvement  Board,  —  consisting  of  the  president 

of  the  borough   and  the  aldermen  elected  from  each 
"  local  improvement  district  "  in  the  borough. 

99.    The  Government  of  Buffalo 

[For  revised  charter,  see  Laws,  i8gi,  ch.  105 ;  most  important  amend- 
ments, Laws,  i8g4,  ch.  35,  iSgSt  ch.  805,  igoi,  ch.  228,  and  igo2,  chs.  19, 
191.] 

I.   Legislative  Branch. 

I .    Common  Council,  —  consisting  of 

(i).    Board  of  Councilmen,  —  nine  members  elected  for 
four  years. 


Synoptical  Review  275 

(2) .    Board  of  Aldermen,  —  elected  one  from  each  ward 
for  two  years. 
2.    City  Clerk,  —  elected  annually  by  common  council. 

II.  Executive  Branch. 

1.  Mayor,  —  elected  for  four  years. 

2.  Adniinistrativc  Departjnents. 

( I ) .    Department  of  Finance,  —  consisting  of 

{a).    Comptroller,  —  elected  for  four  years. 
{])).   Treasurer,  —  elected  for  four  years. 

(2) .  Department  of  Assessment, — under  three  assessors 
elected  for  six  years. 

(3).  Department  of  Law,  —  under  a  corporation  counsel 
elected  for  three  years. 

(4).  Department  of  Police,  —  under  a  board,  con- 
sisting of  the  mayor,  and  two  commissioners 
appointed  by  the  mayor  for  four  and  five  years 
respectively. 

(5).  Department  of  Health,  —  under  one  commissioner 
appointed  by  the  mayor  for  five  years. 

(6).  Department  of  Fire,  —  under  three  commissioners 
appointed  by  the  mayor  for  six  years. 

(7).  Department  of  Public  Works,  —  under  one  com- 
missioner elected  for  four  years. 

(8).  Department  of  Parks,  —  under  five  commissioners 
appointed  by  mayor  for  five  years. 

(9) .    Department  of  Education,  —  consisting  of 

{a).    Superintendent,  —  elected  for  four  years. 
(J?).    Board    of  Examiners,  —  five    citizens   ap- 
pointed by  mayor  for  five  years. 
(10).    Department  of  the  Poor,  —  under  an  overseer  of 
the  poor  elected  for  four  years. 

III.  Judicial  Branch. 

1.  Municipal  Coiirt,  —  two  judges   elected    for  six    years, 

with  civil  jurisdiction. 

2.  Police  Court,  —  police  justice  elected  for  four  years,  with 

criminal  jurisdiction. 

3.  Justice  Court,  —  three  justices  elected  for  four  years  — 

and  special  justices  appointed  by  the  police   board  — 
with  special  criminal  jurisdiction. 


2/6  Appendix  D 

lOO.    The  Government  of  Cities  of  the  Second 
Class  —  Rochester,  Syracuse,  Albany,  Troy 

[See  Laws,  i8g8,  ch.  182,  "  An  Act  for  the  government  of  cities  of  the  second 

class."] 

I.  Legislative  Branch. 

1 .  Com})ion  Cotcncil,  —  consisting  of 

(i).    President  of  the  council,  —  elected  for  two  years. 
(2) .    Aldermen,  —  elected  one  from  each  ward  for  two 
years. 

2.  City  Clerk,  —  appointed  by  common  council  for  two  years. 

II.  Executive  Branch. 

1 .  Mayor,  —  elected  for  two  years. 

2.  Administrative  Departments. 

(i).    Department  of  Finance,  —  consisting  of 

{a) .   Comptroller,  —  elected  for  two  years. 
{p).    Treasurer,  —  elected  for  two  years. 
{c).    Board  of  Estimate  and  Apportionment, — 
consisting  of  the  mayor,  comptroller,  cor- 
poration counsel,  president  of  the  common 
council,  and  city  engineer. 
(2).    Department  of  Public  Works,  —  consisting  of 

{a).  Commissioner  of  Pubhc  Works,  —  ap- 
pointed by  the  mayor,  and  having  the  power 
to  appoint 

{a).    Superintendent  of  Water  Works. 
{b).    Superintendent  of  Parks. 
(J)).   City  Engineer,  —  appointed  by  the  mayor. 
{c).    Board  of  Contract  and  Supply,  —  consist- 
ing of  the  mayor,  comptroller,  commissioner 
of  public  works,  corporation  counsel,  and 
city  engineer. 
(3).   Department    of  Public    Safety,  —  under   a   Com- 
missioner of  Public    Safety,  appointed   by  the 
mayor,  and  having  jurisdiction  over  the  follow- 
ing departments  :  — 

{a).   Police   Department,  —  under    a   chief  ap- 
pointed by  the  commissioner. 
(J)) .    Fire  Department,  —  under  a  chief  appointed 
by  the  commissioner. 


Synoptical  Review  277 

{c).   Health  Department,  —  under  a  health  offi- 
cer appointed  by  the  commissioner. 
(4).  Department  of  Public  Instruction,  —  comprising 

{a).   Board  of  Education,  —  consisting  of  a  cer- 
tain number  of  commissioners,  and  consti- 
tuted by  special  law. 
(J)).    Superintendent  of  Schools, — appointed  by 

the  board. 
{c).    School    Inspectors,  —  appointed    by    the 
mayor  for  five  years. 
(5).    Department  of  Assessment  and  Taxation,  —  con- 
sisting of  four  assessors  elected  for  four  years. 
(6).    Department  of  Charities  and  Correction,  —  com- 
prising 
{a).   Commissioner  of  Charities  and  Correction, 

—  appointed  by  the  mayor. 
{b).   Overseer  of  the  Poor,  —  appointed  by  the 
commissioner. 
(7) .    Department  of  Law,  —  under  the  corporation  coun- 
sel appointed  by  the  mayor. 

III.   Judicial  Branch. 

1.  City  Court  J  —  having  civil  jurisdiction. 

(i).   Judges  of  the  City  Court,  —  two  elected   for  six 

years. 
(2) .    Marshals,  —  not  to  exceed  five  appointed  by  the 
mayor  for  one  year. 

2.  Police  Court,  —  having  criminal  jurisdiction. 

PoHce  Justice,  —  one  or  more  elected  for  six  years. 

loi.     The  Government  of  Counties,  Towns,  and 

Villages 

[See  Constitution  of  New  York,  x.,  ^  i,  also   General  Laws,  ch.  18,  "The 
County  Law,"  ch.  20,  "The  Town  Law,"  ch.  21,  "The  Village  Law."] 

A.    The  Government  of  the  County 

I.   Legislative  Branch. 

Board  of  Supervisors, —  one  member  elected  from  each  town 
and  from  each  ward  of  the  cities  within  the  county  for 
tv^o  years. 


278  Appendix  D 

II.  Executive  Branch. 

I.  Sheriff.  2.  District  Attorney.  3.  County  Treasurer. 
4.  County  Clerk.  5.  Coroners.  6.  Superintendent  of 
the  Poor.  7.  School  Commissioner,  —  all  elected  for 
three  years. 

III.  Judicial  Branch. 

I.  County  Coio't,  with  civil  and  criminal  jurisdiction. 
2.  Surrogate' s  Court.  —  Each  under  a  single  judge 
elected  for  six  years. 

In  New  York  City,  in  place  of  the  above  county 
court :  I .  City  Court,  with  civil  jurisdiction  ;  2.  Court 
of  General  Sessions,  with  criminal  jurisdiction. 

B.   The  Government  of  the  Town 

I.  Legislative  Branch. 

Town  Meeting,  consisting  of  all  qualified  voters. 

II.  Executive  Branch. 

I.  Supervisor.  2.  Town  Clerk.  3.  Highway  Commis- 
sioners, one  to  three.  4.  Overseers  of  the  Poor,  one  or 
two.  5.  Constables,  not  more  than  five.  6.  Assessors, 
three.  7.  Collector.  8.  Inspectorsof  Election,  four, — 
all  elected  for  three  years. 

III.  Judicial  Branch. 

Justice^s  Court,  —  four  justices  elected  for  four  years. 

C.   The  Government  of  the  Village 

I.  Legislative  Branch. 

Board  of  Trustees^  —  consisting  of  the  president  of  the  vil- 
lage, and  from  two  to  four  trustees  elected  for  two  years. 

II.  Executive  Branch. 

1.  Executive  Officers. 

(i).   President.     (2).   Treasurer.     (3).   Village  Clerk. 
(4).    Inspectors  of  elections,  —  all  elected  for  one  year. 

2.  Administrative  Boards. 

(i).   Street  Commission.     (2).   Health  Commission, — 
from  three  to  five  members  elected  for  three  to  five  years. 
(3).    Fire  Commission.        (4).    Water  Commission. 
(5).    Light  Commission.     (6).    Sewer  Commission. 
(7).    Cemetery  Commission. 

III.  Judicial  Branch. 

Police  Court,  —  under  one  justice  elected  for  four  years. 


APPENDIX   E 


STATISTICAL   TABLES 


102.    Population  by  Counties 

[See  Legislative  Manual,  igo2,  p.  246.] 


1860 

1870 

1880 

1890 

1900 

Albany 

110,917 

133.052 

154,890 

164,555 

165,571 

Allegany 

41,881 

40,814 

41,810 

43,240 

41,501 

Broome  .     . 

35-906 

44,103 

49.483 

62,973 

69,149 

Cattaraugus 

43,886 

43.909 

55.806 

60,836 

65.643 

Cayuga   .     . 

55.767 

59.550 

65,081 

65,302 

66,234 

Chautauqua 

58,422 

59.327 

65,342 

75,202 

88,314 

Chemung    . 

26,917 

35.281 

43,065 

48,205 

54.063 

Chenango   . 

40.934 

40,564 

39,891 

37.776 

36,568 

Clinton   .     .     . 

45,735 

47.947 

50,897 

46,437 

47.430 

Columbia    .    . 

47.172 

47,044 

47,928 

46,172 

43,211 

Cortland      .     . 

26,294 

25.173 

25.825 

28,657 

27,576 

Delaware     . 

42,165 

42,972 

42,721 

45,490 

46,413 

Dutchess     . 

64,941 

74,041 

79.184 

77,879 

81,670 

Erie    .    .    . 

141.971 

178,699 

219,884 

322,981 

433,686 

Essex .    .    . 

28,214 

29,012 

34.515 

32,052 

30,707 

Franklin .     . 

30,837 

30,271 

32,390 

38,110 

42,853 

Fulton     .    . 

24,162 

27,064 

30,985 

37,650 

42,842 

Genesee  .     . 

32,189 

31,606 

32,806 

33,265 

34.561 

Greene    .     . 

31.930 

31,832 

32,695 

31,598 

31,478 

Hamilton     . 

3.024 

2,960 

3,923 

4,762 

4,947 

Herkimer    . 

40.561 

39.929 

42,669 

45,608 

51.049 

Jefferson 

69,825 

65.415 

66,193 

68,806 

76,748 

Kings      .     . 

279,122 

419,921 

599,495 

838,547 

1,166,582 

Lewis      .     . 

28,580 

28,699 

31,416 

29,806 

27,427 

Livingston  . 

39.546 

38,309 

39,562 

37,801 

37.059 

Madison 

43.545 

43.522 

44,112 

42,892 

40,554 

Monroe  .    . 

100,648 

117,868 

144,903 

189,586 

217.854 

Montgomery 

30,866 

34.457 

38.315 

45.699 

47,488 

Nassau   .    . 

— 

— 

— 

55.448 

New  York  . 

813,669 

942,292 

1,206,299 

1,515.301 

2,050,600 

279 


280 


Appendix  E 


102.    Population  by  Counties  {Continued^ 


1860 

1870 

1880 

1890 

1900 

Niagara 

50.399 

50,437 

54.173 

62,491 

74,961 

Oneida    .     . 

105,202 

110,008 

115.475 

122,922 

132,800 

Onondaga  . 

90,686 

104,183 

117,893 

146,247 

166,735 

Ontario   .     . 

44.563 

45,108 

49,541 

48,453 

49.605 

Orange    .     . 

63,812 

80,902 

88,220 

97,859 

103,859 

Orleans  .     . 

28,717 

27,689 

30,128 

30,803 

30.164 

Oswego  .     . 

75.958 

77,941 

77.911 

71,883 

70,881 

Otsego     .     . 

, 

50,157 

48,967 

51.397 

50,861 

48,939 

Putnam  .     . 

14,002 

15-420 

15,181 

14.849 

13.787 

Queens  .     . 

57.391 

73.803 

90,574 

128,056 

152,999 

Rensselaer  . 

86,328 

99.549 

115.328 

124,511 

121,697 

Richmond  . 

25.492 

33.029 

38.991 

51.693 

67,021 

Rockland    . 

22,492 

25,213 

27,690 

35.162 

38.298 

St.  Lawrence 

83,689 

84,826 

85,997 

85,048 

89,083 

Saratoga     .     . 

51.729 

51.529 

55.156 

57,663 

61,089 

Schenectady 

20,002 

21,347 

23.538 

29,797 

46,852 

Schoharie    . 

34.469 

33.340 

32,910 

29.164 

26,854 

Schuyler      .     . 

18,840 

18,989 

18,842 

16,711 

15.811 

Seneca    .     .    . 

28,138 

27,823 

29,278 

28,227 

28,114 

Steuben  .     .     . 

66,690 

67,717 

77,586 

81.473 

82,822 

Suffolk    .     . 

43.27s 

46,924 

53,888 

62,491 

77.582 

Sullivan  .     . 

32,385 

34.550 

32.491 

31.031 

32,306 

Tioga      .    . 

28,748 

30,572 

32,673 

29.935 

27.951 

Tompkins  . 

31.409 

33.178 

34,445 

32,923 

33.830 

Ulster      .     . 

76,381 

84.075 

85,838 

87,062 

88,422 

Warren  .     . 

21,434 

22,592 

25,179 

27,866 

29.943 

Washington 

45,904 

49,568 

47,871 

45,690 

45.624 

Wayne    .     .     , 

47,762 

47.710 

51,700 

49,729 

48,660 

Westchester    . 

99,497 

131.348 

108,988 

146,772 

183.37s 

Wyoming   .     . 

31,968 

29.165 

30,907 

31.193 

30.413 

Yates  .... 

20,290 

19.595 

21,087 

21,001 

20,318 

Total 

. 

3.880,735 

4,382,759 

5,082,871 

S.997.853 

7,268,012 

103.    Population  of  Cities 

[See  Legislative  Manuals,  since  i860.] 


Albany    .     . 
Amsterdam 
Auburn  .    . 
Binghamton 


18(50 

62,367 

10,786 


1870 

69.452 

17.233 
12.733 


1880 

90.903 

21,924 
17,315 


1890 

94.923 
17.336 
25,858 
3S.OOO 


1900 

94.151 
20,929 

30.34s 
39.647 


Statistical  Tables 


281 


103.    Population  of  Cities  {Continued^ 


Brooklyn  1 
Buffalo    . 
Cohoes   . 
Coining  . 
Cortland 
Dunkirk 
Elmira    . 
Geneva   . 
Glovers  ville 
Hornellsville 
Hudson  . 
Ithaca 
Jamestown 
Johnstown 
Kingston 
Little  Falls 
Lockport 
Long  Island  City 
Middletown     . 
Mount  Vernon 
Newburgh  .     . 
New  Rochelle. 
New  York   .     . 
Niagara  Falls  . 
North  Tonawanda 
Ogdensburg 
Olean .     .     . 
Oneida   .     . 
Oswego  .     . 
Poughkeepsie 
Rensselaer  . 
Rochester    . 
Rome      .     . 
Schenectady 
Syracuse 
Troy  .     .     . 
Utica  .     .     . 
Watertown  . 
Watervliet  . 
Yonkers  .    . 


Total 

Percentage    of    city 
population    .     .     . 


1860 

266,661 
81,129 


7.187 


IS.196 
513.669 


16,816 
14.726 

48,204 

9.579 
28,119 

39,235 
22,529 


1,136,203 


29% 


18T0 

399.099 
117,114 

15.363 


15.899 


8,615 


12,426 

17,014 
942,292 

10,076 


20,910 
20,080 

62,386 
11,000 
11,026 

43.051 

44.533 
28,804 

9.336 


1,898,442 


43% 


1880 

566,689 

155.137 

19.417 


20,551 


8,669 


18,342 

17,117 

17,096 


18,050 
1,206,590 


10,340 


21,117 
20,207 

89,369 
12,045 

13.675 
51.791 
56,748 

33.913 
10,697 

18,892 


2,407,587 


47% 


1890 

806,343 

255,664 
22,509 
10,188 

9,416 

30,893 

7,557 

13-864 

10,996 

9,970 
11,079 
16,038 

7,768 
21,261 

8,783 
16,038 

30,506 
11,830 
10,830 
23,807 

1,515.301 

5,302 

4.793 
11,622 

7.358 

21,842 
22,206 

133,896 

14.991 
19,902 

88,143 
60,966 
44,007 

14.725 
12,967 

32,033 


3.523,768 


58% 


1900 

1 

353.387 
23,910 
11,061 
9,014 
11,616 
35,672 
10,433 
18,349 
11,918 
9,528 

13,136 
22,892 
10,130 

24,135 

10,381 

16,581 

1 

14,522 
20,346 

24.943 
14,720 

3,437,202 

19,457 
9,069 

12,633 

9,462 

6,364 
22,199 

24,029 

7,466 

162,608 

15.343 
31.682 

108,374 

60,651 

56.383 
21,696 

14,321 
47,931 


4,919,407 


67% 


1  Consolidated  with  New  York,  1897. 


282 


Appendix  E 


104.    The  Presidential  Vote  of  New  York 

[These  figures,  before  the  year  1900,  may  be  found  scattered  through  dif- 
ferent tables  in  Stanwood,  History  of  the  Presidency.  Before  1828  the  pres- 
idential electors  were  chosen  by  the  legislature.  Before  1804  the  candidates 
for  president  and  vice-president  were  not  separately  designated  as  such ; 
and  hence  the  names  of  the  president-elect  and  of  his  chief  competitor 
only  are  given  here.  Beginning  with  the  year  1804,  the  candidates  for 
president  are  arranged  in  the  order  of  the  number  of  votes  received.  The 
star  (*)  is  placed  before  the  name  of  the  successful  candidate.  Except  at  four 
elections  (those  of  1812,  1856,  1868,  and  1876),  the  vote  of  New  York  has 
always  been  cast  for  the  person  elected  President.] 

Electoral  Vote  from  1788  to  1828 


1788 

1808 

*Washington  (no  vote 
cast  by  New  York) 

*Madison,  Dem.  Rep. 
Geo.  CHnton,  Dem.  Rep. 
C.  C.  Pinckney,  Fed. 

13 
6 
0 

1792 

1812 

♦Washington,  Fed. 

12 

DeW.  Clinton,  Fed. 
*Madison,  Dem.  Rep. 

29 
0 

1796 

1816 

*John  Adams,  Fed. 
Jefferson,  Dem.  Rep. 

12 

0 

*Monroe,  Dem.  Rep. 
Rufus  King,  Fed. 

1820 

29 
0 

1800 

*Jefferson,  Dem.  Rep. 
John  Adams,  Fed. 

12 

0 

*Monroe,  Dem.  Rep. 
J.  Q.  Adams,  Nat.  Rep. 

1824 

29 
0 

1804 

*J.  Q.  Adams,  Nat.  Rep 
Crawford,  Dem. 

26 
5 

*  Jefferson,  Dem.  Rep. 
C.  C.  Pinckney,  Fed. 

19 

0 

Clay,  Whig 
Jackson,  Dem. 

4 
I 

Popular  Voi 

rE  SINCE  1828 

1828 

1836 

*Jackson,  Dem. 
Adams,  Nat.  Rep. 

140,763 
135413 

*Van  Buren,  Dem.          1 
Harrison,  Whig 

[66,815 
138,543 

1832 

*Jackson,  Dem. 
Clay,  Nat.  Rep. 

168,497 
154,896 

1840 

*Harrison,  Whig             225,817 
Van  Buren,  Dem.            212,527 
Birney,  Abol.                       2,808 

Statistical  Tables 


283 


Popular  Vote  since  1828  {Cojitnined) 
1844 


*Polk,  Dem. 

237,588 

Clay,  Whig 

232,482 

Birney,  Abol. 

15,812 

1848 

*  Taylor,  Whig 

218,603 

Van  Buren,  Dem. 

120,510 

Cass,  Free  Soil 

114,318 

1852 

*Pierce,  Dem. 

262,083 

Scott,  Whig 

234,882 

Hale,  Free  Soil 

25^329 

1856 

Fremont,  Rep. 

276,007 

*Buchanan,  Dem. 

195,878 

Fillmore,  Amer. 

124,604 

1860 

♦Lincoln,  Rep. 

362,646 

Douglas,  Dem.i 

312,510 

1864 

♦Lincoln,  Rep. 

368,726 

McClellan,  Dem. 

361,986 

1868 

Seymour,  Dem. 

429,883 

♦Grant,  Rep. 

419,883 

1872 

♦Grant,  Rep. 

440,736 

Greeley,  Dem. 

387,281 

O'Connor,  Dem. 

1,458 

Black,  Temperance 

201 

1876 

Tilden,  Dem. 

521.949 

♦Hayes,  Rep. 

489,207 

Smith,  Pro. 

2.359 

Cooper,  Ind. 

1,987 

1880 

♦Garfield,  Rep. 

555.544 

Hancock,  Dem. 

534,511 

Weaver,  Greenback 

12,373 

Dow,  Pro. 

1,517 

1884 

♦Cleveland,  Dem. 

563,154 

Blaine,  Rep. 

562,005 

St.  John,  Pro. 

25,016 

Butler,  Anti-Monop. 

1 6,994 

1888 

♦Harrison,  Rep. 

648,759 

Cleveland,  Dem. 

635.757 

Fisk,  Pro. 

30,231 

Streeter,  Un.  Labor 

626 

1892 

♦Cleveland,  Dem. 

654,868 

Harrison,  Rep. 

609,350 

Bidwell,  Pro. 

38,190 

Wing,  Soc.  Labor 

17.956 

Weaver,  Peoples 

16,429 

1896 

♦McKinley,  Rep. 

819,838 

Bryan,  Dem. 

551.369 

Palmer,  Nat.  Dem. 

18,950 

Matchett,  Soc.  Labor 

17.667 

Levering,  Pro. 

16,052 

1900 

♦McKinley,  Rep. 

821,992 

Bryan,  Dem. 

678,386 

Wooley,  Pro. 

22,043 

Debs,  Soc.  Dem. 

12.869 

Maloney,  Soc.  Labor 

12,622 

1  The  other  candidates,  Breckenridge  and  Bell,  received  practically  no 
vote  in  New  York. 


284 


Appendix  E 


105.    The  State  Finances 

[The  following  items  are  taken  from  the  State  Treasurer's  Report  for  the 
year  ending  Sept.  30,  1901,  — but  rearranged  and  classified  to  illustrate  the 
subjects  discussed  in  the  previous  text.  While  the  amounts  vary  from  year 
to  year,  the  items  remain  practically  the  same.  Unless  otherwise  indicated, 
these  various  items  are  accounted  to  the  General  Fund.] 

A.    STATE   REVENUES 
I.    Revenue  from  Income  (other  than  taxes) 


(l) .   From  Investtnents  and  Deposits 

. 

General  Fund 

•    $65,723.39 

Common  School  Fund  . 

267,042.63 

United  States  Deposit  Fund 

193.737-30 

Literature  Fund 

14,578.00 

Free  School  Fund 

9-345 -99 

Military  Record  Fund    . 

3,984.41 

Forest  Preserve  Fund     . 

64,108.13 

Cornell  University  Fund 

60.27 

Canal  Fund    . 

152,827.43 

$771,407-55 

(2) .    From  Public  Lands  {sales  and  rent) . 

General  Fund         .         .         .    $59,829.80 
Canal  Fund    ....         1,381.25 


(3).   From  United  States  Cover jmient. 
For   Soldiers'*    and    Sailors' 

Home  .         .         .  $158,080.25 

For  Spanish  War  expenses    .    146,800.74 
For  Cornell  University  Fund       25,000.00 


(4).   From  City  of  Buffalo. 

For  Pan  American  Exhibition 

(5).   Miscellaneous  Income. 
General  Fund 
Canal  Fund    .... 


$39,627.28 
442742 


61,211.05 


329,880.99 
50,849.32 


Total  revenue  from  income 


44,055.40 

$1,257,404.51 


Statistical  Tables 


285 


(0- 


2.   Revenue  derived  from  Taxation 

From  General  or  Direct  Taxes. 

General  State  tax    .         .       $6,700,025.68 
School  tax.  Free  Sch.  Fund     4,150,590.19 


(2) .   FroJH  Special  or  Indirect  Taxes. 

Excise  tax  (sale  of  liquors) 

Inheritance  tax        ..... 

Organization  of  corporations  . 

Corporation  taxes. 

Insurance  companies  .  $159,674.63 

Transportation  companies  1,475,708.44 
Telegraph  companies,  etc.  288,678.25 
Gas  companies,  etc.    .  2,990,334.80 

Foreign  banks  .  .  .  37,217.89 
Special  licenses  .         .         .      15,066.92 


$10,850,615.87 

4,197,858.72 

4,084,606.87 

295,091.22 


4,966,680.93 

Corporation  assessments. 

Railroad  companies    . 

$82,641.20 

Banking  companies    . 

•      78,521-38 

Gaslight  companies    . 

8,957.59 

Racing  commission     . 

376147 

Pool  tax 

103,385.56 

277,267.20 

Public  fees. 

Public  officers 

$438,376.71 

Notaries  public  . 

•      54,935-00 

State  institutions 

.    303,324.94 

Canal  bureau.  Canal  Fund 

2,843.17 

Public  administrator  . 

.      10,235.79 

^r\r\  It  r   f\-i 

Miscellaneous. 

County  tax  (arrears,  etc.)  $396,869.35 

Fines  under  dairy  laws  .      22,604.33 

Detective  licenses        .  .        2,750.00 


Total  revenue  from  taxation 


422,223.68 
$25,904,060.10 


Total  State  Revenues,        $27,161,464.61 


286 


Appendix  E 


Fund  Transfers  (see  note,  p.  289). 

To  Common  School  Fund  $118,628.90 

To  U.  S.  Deposit  Fund      .  122,993.94 

To  Literature  Fund  .         .  301,730.00 

To  Canal  Fund  (State  tax)  2,839,877.43 


$3,383,877-47 


Total  Receipts  —  in  Funds  Account         $30,544,694.88 


B.    STATE   EXPENDITURES 
I.    General  Government  Expenses 


(i).    For  Executive  Departments. 

Executive's  office 

Secretary  of  state 

Comptroller 

State  treasurer  . 

Attorney-general 

State  engineer  and  surveyor 

Executive  commissions. 
Department  of  excise 
Tax  commission 
Civil  service  commission 
Metrop.  board  of  elections 


(2).   For  Legislative  Department. 
Legislature 

Printing,  legislative  docs.,  etc. 
Statutory  revision  commission 
Temporary  commissions     . 


(3). 


For  Miscellaneous  Items. 
Public  buildings 
State  architect   . 
Stationery  for  offices  . 
Postage  for  officers     . 
Transportation  for  officers 


Total  government  expenses 


$53,054.76 
59,482.38 

199,237.63 
26,783.25 

163,029.09 
67,594.06 

520,721.46 

59,338-57 

37,048.19 

195,468.54 


$628,370.89 
571,124.77 

5,515-83 
116,994.85 


$291,615.63 
53,540.07 
10,709.25 
18,772.22 
29'537-64 


$1,381,757-93 


1,322,006.34 


404,174.81 
$3,107,939-08 


Statistical  Tables  287 


2.   Expenses  of  Administr.\tive  Work 

(i).   Fo}'  Administration  of  Justice. 

Court  of  appeals         .         .  $228,087.39 

Supreme  court    .         .         .  698,986.17 

Court  of  claims  (with  awards)  2 1 7, 1 85 .65 

Public  administrator  .         .  i?929-5o 

Law  libraries      .         .         .  25,154.38 


$1,171^34309 


(2).   For  Protection  of  the  Com7minity 
Board  of  health 
Quarantine 
Port  wardens 
Inspector  of  steam 


$41^57671 
111,766.19 

4,508.54 
essels  7j550-9I 


State  racing  commission     .  10,078.13 

National  guard  .         .         •  609,326.35 

Arsenals  and  armories         .  124,486.86 
Military  Record  Fund—  Statistics    2,038.98 

(3).   For  Public  Education. 

Regents  of  the  University  .  $67,316.80 

State  Library  and  Museum  88,607.64 

Geology  and  paleontology  .  15,017.42 

State  historian   .         .         .  11,154-06 

Alfred  University       .         .  17,828.00 

Normal  school  buildings     .  106,562.28 

Dept.  of  Public  Instruction  76,610.37 
Free  School  Fund. 

To  counties    .         .         .  3,494,189.37 

To  normal  schools           .  3 ^ 5,3-0-67 

To  training  classes          .  39^,^30.87 
Common  School  Fund. 

To  counties     .         .         •  236,000.00 

To  Indian  schools  .         .  6,897.85 
Literature  Fund. 

To  academies,  etc.           .  332,588.80 
U.S.  Deposit  Fund. 

To  libraries,  ete.     .         .  102,391.70 


911,332.67 


5.262.370.83 


288 


Appendix  E 


(4) .   For  Charities  and  Corrections. 
Board  of  Charities 
Soldiers'  and  sailors'  home  . 
Institutions  for  the  blind    . 
Institutions   for  deaf-mutes 
Other  charitable  institutions 
Indian  affairs 
Commission  in  lunacy 

State  care  of  insane 
Prison  commission     . 

Superintendent  of  prisons 

State  prisons 

Penitentiaries 


$75,167.36 

278,513-35 
80,56749 

229,377.68 

1,784,682.87 

10,338.81 

61,027.71 

4,73949076 

11,673.53 

35,690.99 

561,934.36 

62,040.98 


(5).   For  Cojitrol  of  Economic  Interests. 

Land  office         .         .         .  $8,848.02 

Forest,  fish,  and  game  com- 
mission       .         .         .         125,521.93 
Adirondack  Park         .         .         216,060.69 
Catskill  forest  preserve        .  17,071.37 

St.  Lawrence  reservation    .  1,665.35 

Niagara  reservation    .         .         152,647.11 
Stony  Point  peninsula         .  2,595.00 

Superintendent  of  hatcher- 
ies      . 
Forest  Preserve  Fund 
Onondaga  salt  works 
Agricultural  department 

Agricultural  societies 

Other  agricultural  objects 

Cornell  University  Fund 
Department  of  labor  . 

Bureau  of  labor  statistics 

Factory  inspector   . 

Mediation  and  arbitration 
Inspector  of  gas  meters 
Supt.  of  weights,  etc. 
Rivers,  roads,  and  bridges  . 
Canal  Fund  —  for  canals     . 


52,223.65 

64,075.00 

1,625.00 

240,928.81 

184,000.00 

296,519.12 

25,060.27 

81,894.80 

15,150.82 

48,922.75 
7,081.41 

24,256.85 

300.00 

264.510.59 

3,308,741.79 


7,930,506.89 


Statistical  Tables 


289 


Railroad  commission 
Insurance  department 
Bank  department 


106,322.94 

162,066.06 

84,241.78 


5,492,331.11 


Total  expenses  of  administration         $20,767,884.59 
3.   Unclassified  Expenses 


Investments. 


Common  School  Fund        .       $ 

234.952.23 

U.S.  Deposit  Fund    . 

82,915.35 

$317,867.58 

County  taxes  (refunded,  etc.) 

156,036.32 

Pan  American  Exliibition 

192,958.37 

Paris  Exhibition 

1,141.47 

Presidential  electors 

2,188.85 

Grand  Army  of  the  Republic 

661.04 

Board  of  classification    . 

45-34 

Surrogate  fees        .         .         .         .         . 

21. II 

Monuments             .         .         .         .         . 

23,447.79 

Miscellaneous 

» 

25.685.01 

Total  unclassified  expenses 

.     $722,018.33 

Total  State  Expenditures        $24,597,841.00 


Fund  Transfers.^ 

From    State    tax   to  Canal 

Fund  ....  $2,839,879.43 
From  General  Fund  .  .  456.336.42 
From  U.S.  Deposit  Fund  .         151,091.42 


3.447?305-27 


Total  Expenditures  —  in  Funds  Account     $28,045,146.27 


1  As  these  moneys  are  simply  paid  out  of  one  fund  into  another,  they  do 
not  affect  the  total  revenues  and  expenditures  of  the  State  —  but  merely 
increase  the  total  amounts  which  appear  in  the  Funds  Account. 


U 


290 


Appeiidix  E 


C.    STATE  FUNDS  ACCOUNT 
I.   Receipts  and  Expenditures 


Name  of  Fund 

General  Fund 
Common  School  Fund 
United  States  Deposit  Fund 
Literature  Fund  . 
Free  School  Fund 
Forest  Preserve  Fund 
Cornell  University  Fund 
Military  Record  Fund 
Canal  Fund 

Total      . 


Receipts 
$22,271,53842 

385,671.53 
316,731.24 

316,308.00 

4,159,936.18 

64,108.13 

25,060.27 

3,984.41 

3,001,356.70 

l30j544?694-88 


Expenditures 

$19,297,051.97 

477,850.08 

336,398.47 

332,588.80 

4,201,340.91 

64,075.00 

25,060.27 

2,038.98 

3,308,741.27 

$28,045,146.27 


2.   General  Balance  Summary 

Balance  Oct.  i,  1900  .         .         .     $7,289,802.55 
Receipts  for  year  ending  Sept.  30, 

1901     .         .         .         .         .     30,544,694.88 
Expenditures  for  year  ending  Sept. 

30,  1901         .... 
Balance  Oct.  i,  1901    . 

Total      .         .         .  $37,834497 43 


$28,045,146.27 
9,789,351.16 

$37,834497-43 


INDEX 


Academies,  appropriations  for,  170. 
Adirondack  Park,  190. 
Adjutant  general,  155. 
Administrative  boards,  91,  265. 
Adulteration  of  food  and  drugs,  149. 
Agricultural  experiment  stations,  193 ; 

societies,  193. 
Agriculture  and  agricultural  products, 

191. 
Albany,  settled,  6 ;  incorporated,  112 ; 

government,  276. 
Amendment  of  constitution,  61,  258. 
Amusements,  police  control  of,  152. 
Andros,  English  governor,  33. 
Appointment,  method  of,  43,  46,  47. 
Appropriations  of  money,  225. 
Arbitration  and  mediation,  196. 
Armories,  provisions  for,  155. 
Arrests  with  or  without  warrant,  137. 
Assemblies,  unlawful,  145. 
Assembly  of  1683,  29;    of  1691,  34. 

See  also  Legislature. 
Assessment  of  taxes,  218. 
Australian  ballot,  78. 

Bail,  65,  137. 
Ballot,  protection  of,  78. 
Banking,  department  of,  208. 
Betting  at  elections,  80. 
Bill  of  rights,  48,  63,  240. 
Bills,  passage  of,  85. 
Bribery  at  elections,  80. 
Buffalo,  incorporated,  112;    govern- 
ment, 274. 

Canals,  supervision  of,  201. 
Canvassing  of  elections,  78. 
Challenging  of  voters,  77. 
Charities,  State,  172. 
Charter  to  Dutch  West  India  Co., 
234;    of  Freedoms    and    Exemp- 


tions, 8,  11;    of  Liberties,  30,  35, 
240. 

Citizenship,  70. 

Cities,  classification,  52,  257;  growth 
of.  III ;  organization,  112,  257. 

Civil  procedure,  132. 

Civil  service  examinations,  92. 

Colonial  government,  review  of  the 
Dutch,  18  ;  of  the  English,  35. 

Columbia  college,  organized,  158. 

Common  law,  125. 

Common  school  system,  founded, 
159;  organization,  162. 

Commutation  of  sentence,  185. 

Commission  of  agriculture,  191 ;  of 
forests,  fish,  and  game,  190;  of  la- 
bor, 194;  in  lunacy,  180;  of  pris- 
ons, 182. 

Comptroller,  State,  214,  225. 

Constitutional  convention,  its  char- 
acter, 63,  259 ;  convention  of  1777, 
40;  of  1821,46;  of  1894,  51, 

Corporations,  control  of,  205,  254. 

Council  of  appointment,  established, 
43;  abolished,  47. 

Council  of  revision,  established,  42; 
abolished,  47. 

Counties,  first  erected,  31. 

County  government,  97,  256 ;  county 
tax,  221, 

Court  of  errors,  established,  43; 
abolished,  50. 

Courts  of  New  York,  in  1664,  26; 
in  1683,  31 ;  at  close  of  colonial 
period,  37 ;  under  first  constitu- 
tion, 43;  under  third  constitution, 
50;  under  fourth  constitution,  52. 
See  also  Judiciary. 

Credit  of  the  State,  253. 

Criminal  procedure,  136. 

Cruelty,  prevention  of,  152. 


291 


292 


hid  ex 


Dairy     products,    supervision     of, 

192. 
Debts,  public,  226,  253. 
Disease,  protection  against,  149. 
Domestic  animals,  protection  against 

disease  of,  192. 
Domestic  commerce,  supervision  of, 

197. 
Dongan,  English  governor,  28,  33. 
Duke's  Laws,  24. 
Dutch    East    India    Co.,    6;     West 

India  Co.,  6. 

Economic  interests,  control  of,  186. 
Education,    State    control    of,    157, 

255- 
"  Eight  Men,"  the,  15. 
Elections,  conduct  of,  76;   expenses 

of,  80. 
Elective    franchise,    71.       See    also 

Voters. 
Eminent  domain,  64,  189. 
Employment  bureaus,  195. 
Equalization  of  taxes,  220. 
Executive,  State,  42,  88,  248;  county, 

loi;  town,  105;   village,  no;  city, 

113  ;   New  York  City,  118. 
Expenditures,  control  of,  224. 
Explosives,  protection  against,  146. 

Factory  regulations,  195. 

Federal    Constitution,    adopted    by 

New  York,  44;  its  relation  to  the 

State,  56, 
"Federalist,  The,"  45. 
Finances,  State,  211. 
Fires,  protection  against,  146. 
"  Five  Dutch  Towns,"  12. 
Forest  preserve,  190. 
Funds  of  the  Treasury,  213, 

Game  laws,  190. 

Governor.     See  Executive,  State. 

Grand  jury,  102,  138. 

Habeas  corpus,  48,  65,  138. 
Hamilton,  Alexander,  45. 
Hawley,  Gideon,  159. 
Health,  protection  of  public,  148 
Hempstead,  meeting  at,  25. 
Highways,  supervision  of,  199. 


Holland,  political  institutions  of,  5. 
Hours  of  labor,  194. 
Hudson,  Henry,  6. 

Impeachments,  court  for  the  trial 

of.  93- 
Indebtedness,  limitation  of,  226. 

Indian  schools,  166. 

Indictment  by  grand  jury,  138. 

Insane,  care  of,  180. 

Insurance  department,  209. 

James,  Duke  of  York,  appointed 
proprietor,  18,  22;  king  of  Eng- 
land, new  policy,  33. 

Jay,  John,  40,  45. 

Judiciary,  State,  93,  251 ;  county,  102 ; 
town,  106;  village,  in;  city,  114; 
New  York  City,  120. 

Jury.  See  Grand  jury  and  Trial  by 
jury. 

Justice,  administration  of,  124. 

KiEFT,  Dutch  governor,  10,  15,  16. 
Koopman,  Dutch  officer,  7. 

Labor,  department  of,  194. 

Land  office,  188. 

Legislature,   State,  41,   49,   81,  245; 

county,   100;    town,    105;    village, 

no;    city,  113;    New  York  City, 

118. 
Leisler's  rebellion,  34. 
Libraries,  provisions  for,  162. 
Life,  right  of,  126 ;  police  protection 

of,  145. 
Local  government  under  the  Dutch, 

19;  under  the  English,  36;  present 

organization,  97. 

Malicious  mischief,  147. 
Manhattan  Island,  6,  7,  8. 
Mayor.     See  Executive,  city. 
Mediation  and  arbitration,  196. 
Medicine,  regulation  of  the  practice 

of,  150. 
Mey,  Dutch  governor,  7. 
Militia,  State,  153, 
Minuit,  Dutch  governor,  7,  10. 
Monopolies,  prevention  of,  198. 
Morals,  protection  of  public,  151. 


Index 


293 


Naturalization,    first    law,   32; 

present  law,  70. 
Naval  militia,  155. 
New  Amsterdam,  8. 
New  York  City,  under  the  English, 

28;    its  growth,  115;  government, 

116,  272. 
Niagara  reservation,  189. 
Nicholls,  deputy  of  James,  23. 
Nicholson,  English  governor,  33. 
"  Nine  Men,"  the,  16. 
Nomination  of  officers,  74. 
Normal  schools,  165. 
Nuisances,  protection  against,  149. 

Officers  and  offices,  67.  See  also 
Executive  and  Administrative 
boards. 

Overseer  of  the  poor,  178. 

Pardon,  power  of,  90. 

Party  organization,  73. 

Patent  to  Duke  of  York,  22,  236. 

Patroonships  in  Holland,  5 ;   on  the 

Hudson,  9. 
Pavonia,  feudal  estate,  9. 
Penitentiaries,  county,  184. 
People,  rights  under  the  Dutch,  10, 

19;  under  the  English,  37;  under 

the  constitution,  41,  48,  63.      See 

also  Bill  of  rights. 
Persons,  rights  of,  126. 
Pharmacy,  regulation  of,  150. 
Police  power  of  the  State,  140. 
Political  powers,  division  of,  66. 
Political  privileges,  65. 
Poor,  care  of  the,  177. 
Primary,  its  political  importance,  74. 
Prisons,  State,  182. 
Private  bills,  87. 
Property,    right   of,   64,    128 ;    police 

protection  of,  145. 
Proprietary  government,  22. 
Provincial  Congress  of  New  York,  39. 
Public  lands,  State  control  of,  188. 

Quarantine,  149. 

Railroads,    police    regulation    of, 

147;  economic  control  of,  210. 
Reformatories,  State,  184. 


Regents,  board  of,  158,  160. 

Registration  of  voters,  77. 

Religious  liberty,  under  the  Dutch, 
20;  under  the  English,  27,  239; 
under  the  constitution,  64,  240. 

Rensselaerwick,  leudal  estate,  9. 

Revenue,  public,  215. 

Revolution,  American,  its  signifi- 
cance, 39. 

Riots,  suppression  of,  144. 

River  navigation,  supervision  of,  204. 

Rochester,  incorporated,  112;  gov- 
ernment, 276. 

Sabbath  breaking,  153. 

Schepens,  Dutch  officers,  14,  19. 

Schools.  See  Common  school  sys- 
tem. 

Schout,  Dutch  officer,  8,  12,  14,  19. 

Sinking  funds,  227. 

Sloughter,  English  governor,  34. 

Soldiers'  Home,  180. 

States  General  of  Holland,  5. 

Streets,  police  control  of,  146. 

Stuyvesant,  Dutch  governor,  13,  16, 
17,  18. 

Suffrage.     See  Elective  franchise. 

Sugar  beet  culture,  192. 

Superintendent  of  banking,  209;  of 
insurance,  209 ;  of  the  poor,  178 ; 
of  public  instruction,  159,  162; 
of  public  works,  203,  249. 

Swaanendael,  feudal  estate,  9. 

Syracuse,  incorporated,  112;  govern- 
ment, 276. 

Taxation,  216. 

Territorial  divisions  of  the  State,  67. 

Town  government,  103. 

Towns  in  Holland,  5;  on  Long  Is- 
land, 11,  24,  25;  on  the  Hudson,  14. 

Trade  marks  and  brands,  198. 

Treasurer,  State,  214. 

Treasury  and  its  funds,  213. 

Trial  by  jury,  28,  32,  48,  65. 

Troy,  incorporated,  112;  govern- 
ment, 276. 

"  Twelve  Men,"  the,  15. 

Union  free  schools,  164. 
United  States  Deposit  Fund,  169. 


294 


Index 


University  of  the  Sta.te  of  New  York, 
i6o. 

Vaccination,  compulsory,  151. 

Van  Twiller,  Dutch  governor,  10. 

Verhulst,  Dutch  governor,  7. 

Veto  power,  of  the  English  governor, 
37 ;  under  the  council  of  revision, 
42 ;  of  the  State  governor,  47,  86. 

Village  government,  107. 


Voters,  qualifications,  41,  47,  71 ;  reg- 
istration, 77;  rights  and  duties, 
73- 

Waalbroght,  settled,  7. 
Walloons,  settle  on  Long  Island,  7. 
Warrant  for  arrest,  137, 
Water  supply,  protection  of,  150, 
Weights  and  measures,  supervision 
of,  197. 


14  DAY  USE 

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